Vijaya Sankar v. Jiju

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 Mat.Appeal.No. 6 of 2015 () ---------------------------- IN OP 743/2011 of FAMILY COURT,KOZHIKODE APPELLANT(S)/PETITIONERS:

------------------------ 1.

VIJAYA SANKAR, AGED 37 YEARS, S/O.LATE S.R.THAMPY, PADMANIDHI, DOOR NO.106, PLOT NO.16, 2ND MAIN ROAD, ALAMELUPURAM, SELAYOOR, CHENNAI, TAMIL NADU-600 073.

2.

P.R.RAVISANKAR, S/O. LATE S.R.THAMPY, DOOR NO.3, FLAT NO.3, RAJEMDRA MAGAR COLONY, ARUNACHALAM ROAD, SALIGRAM, CHENNAI, TAMILNADU-600 073.

BY ADVS.SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE.

RESPONDENT(S)/RESPONDENTS:

------------------------- JIJU, AGED 31 YEARS, D/O. JALADAHARN P.N., GOVINDAPURAM P.O., KOZHIKODE-673 016.

BY ADV. SRI.P.R.SREEJITH FOR CAVEATOR THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 05-06-2015, ALONG WITH MA. 9/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

Mat.Appeal.No. 6 of 2015 () APPENDIX PETITIONER(S)' ANNEXURES :

------------------------ ANNEXURE A1:

TRUE COPY OF THE MEDICAL CERTIFICATE DATED 17/02/2015 ISSUED BY DR.R.NIRANJANKUMAR.

RESPONDENT(S)' ANNEXURES :

------------------------ NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

C.K. ABDUL REHIM, J.

& K. RAMAKRISHNAN, J.

------------------------------------------------- Mat Appeal Nos. 6 & 9 OF 2015 ------------------------------------------------- DATED THIS THE 5th DAY OF JUNE, 2015

J U D G M E N T

K. Ramakrishnan, J:

The above appeals were filed against the common order passed by the Family Court, Kozhikode. Mat. Appeal 9/2015 filed against the common order passed in IA 560/2014, 561/2014 and 922/2014 in I.A 21/2013 in OP 668/2011. While Mat Appeal 6/ 2015 was filed against the common order in I.A. 562/2014, 563/2014 and 923/2014 in I.A. 22/2013 in OP 743/2011. OP 743/2011 and 668/2011 were filed by the respondent herein which were decreed ex parte earlier and the appellant herein filed an application to set aside ex parte order which was allowed on terms. It was not complied within time. Thereafter he filed the present petitions for extension of time for receiving the amount and those petitions were dismissed by the impugned common order, against which the above appeals have been preferred. While the appeals were pending before this court, the matter has been referred for mediation and the

MA Nos.6 & 9/2015 -2parties have underwent the process of mediation and the matter has been settled through mediation and mediation agreement dated 30-05-2015 was entered into between the parties settling all disputes between them and they wanted to pass a decree on the basis of the settlement arrived between them. So the original order passed by the Family Court in OP 743/2011 and 668/2011 are set aside and the appeals are disposed in terms of the memorandum of agreement entered into between the parties in the mediation which is produced along with the report of the Mediator. So the memorandum of agreement entered into between parties is accepted and both appeals are disposed of in terms of the settlement entered into between the parties. Memorandum of settlement will form part of this common judgment. Accordingly these appeals are disposed of.

Sd/- C.K. ABDUL REHIM, JUDGE.

Sd/- K. RAMAKRISHNAN, JUDGE.

AMG True copy P.A. to Judge