High Court of KeralaRFA/124/2006dismissed as withdrawn

Joy v. Kunju Kunju

2015-10-16Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice Antony Dominic2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 RFA.No. 124 of 2006 -------------------------- AGAINST THE JUDGMENT IN OS 78/1997 of SUB COURT, MUVATTUPUZHA DATED 28-10-2005 APPELLANT/PLAINTIFF:

--------------------------------- JOY, S/O.MATHAI, PARAPPATTU HOUSE, KOTTAPPADY KARA, KOTTAPPADY VILLAGE KOTHAMANGALAM TALUK.

BY ADV. SRI.BIJU ABRAHAM RESPONDENT/DEFENDANT.:

------------------------------------- KUNJU KUNJU, S/O.KURIAKOSE, CHENNETHUMALIL HOUSE, KOTTAPPADY, KOTTAPPADY KARA KOTTAPPADY VILLAGE KOTHAMANGALAM TALUK. (DIED LR'S IMPLEADED) Addl.R2. CICILY W/O.KUNJU KUNJU, CHENNETHUMALIL HOUSE, KOTTAPPADY KARA KOTTAPPADY VILLAGE, KOTHAMANGALAM TALUK.

Addl.R3. AJO S/O.KUNJU KUNJU, CHENNETHUMALIL HOUSE, KOTTAPPADY KARA KOTTAPPADY VILLAGE, KOTHAMANGALAM TALUK.

Addl.4. JIJO S/O.KUNJU KUNJU, CHENNETHUMALIL HOUSE, KOTTAPPADY KARA KOTTAPPADY VILLAGE, KOTHAMANGALAM TALUK.

(LR'S OF DECEASED SOLE RESPONDENTS ARE IMPLEADED AS THE ADDL.RESPONDENTS R2 TO R4 AS PER ORDER DATED 10.09.2015 IN I.A.986/2009) R2 to R4 BY ADV. SRI.V.G.ARUN R2 to R4 BY ADV. SRI.JAIBY PAUL THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A.No.124 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October, 2015

JUDGMENT

Antony Dominic, J.

This appeal, filed against the judgment and decree in O.S.No.78/1997 on the file of the Sub Court, Muvattupuzha, was referred for mediation by order dated, 29th June, 2015. Accordingly, the matter was mediated and the parties have entered into memorandum of agreement dated 26th September, 2015 wherein the appellant has agreed to withdraw the appeal as settled.

In view of the above, this appeal is dismissed as withdrawn as agreed by them in the memorandum of agreement. The memorandum of agreement will form part of the judgment. The appellant will be entitled to refund of the court fee paid.

Sd/- ANTONY DOMINIC JUDGE Sd/- P.V.ASHA JUDGE jes