High Court of KeralaRFA/50/2012disposed of

Jomy M.George v. George

2015-12-17Honourable 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 THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 RFA.No. 50 of 2012 -------------------------- AGAINST THE JUDGMENT IN OS 105/2010 of SUB COURT, PALA DATED 27-06-2011 APPELLANT/PLAINTIFF:

--------------------------------- JOMY M.GEORGE, AGED 35 YEARS S/O.GEORGE, MANIMALAYIL HOUSE, KANCHIYARKARA AYYAPPANKOVIL VILLAGE, UDUMPANCHOLA TALUK.

BY ADVS.SRI.GEORGE KUTTY MATHEW SRI.C.N.MIDHUN SRI.RAJU JOSEPH (SR.) RESPONDENT/DEFENDANT:

------------------------------------- GEORGE, AGED 44 YEARS S/O.SCARIA, VENATTU HOUSE, CHOLATHADOM P.O.

MANNAMKARA, POONJAR THEKKEKARA VILLAGE MEENACHIL TALUK-686 582.

R1 BY ADV. SRI.SHAJI THOMAS R1 BY ADV. SRI.N.NAGARESH R1 BY ADV. SRI.BINU PAUL R1 BY ADV. SRI.T.V.VINU R1 BY ADV. SRI.SHINE MATHEWS (VADAKKEKARA) R1 BY ADV. SRI.ARUN CHANDY THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A.No.50 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2015

JUDGMENT

Antony Dominic, J.

This appeal is filed by the plaintiff in O.S.105/10 on the file of the Sub Court, Pala aggrieved by the judgment and decree passed by the trial court on 27th June 2011. During the pendency of the appeal, by order dated 30th October, 2015 the appeal was referred for mediation. Accordingly, the dispute was mediated at the Ernakulam Mediation Centre and the parties have settled the disputes and entered into a memorandum of settlement dated 11th December 2015.

In the light of the settlement thus arrived at, this appeal is disposed of directing that the parties will be governed by the terms of the mediation agreement dated 11th December 2015 and the terms of settlement will form part of the decree in this appeal. The appellant will also be entitled to refund of the court fee paid on the appeal.

ANTONY DOMINIC JUDGE P.V.ASHA JUDGE jes