Surendran v. Mohammed Khan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 RFA.No. 361 of 2010 ( ) ------------------------ AGAINST THE JUDGMENT IN OS 7/2007 of PRL.SUB COURT,THIRUVANANTHAPURAM APPELLANT/DEFENDANT:

-------------------- SURENDRAN, S/O.KARUNAKARAN, THUSHA BHAVAN, (KARUNALAYAM), NEAR MGM SCHOOL KUZHIVILA, GURUPADA JUNCTION, PULLUKADU KARIMANAL.P.O, ATTIPRA VILLAGE, THIRUVANANTHAPURAM.(SHOP NO.9, SREEKRISHNA TRADERS VEGITABLE SHOP, WORLD MARKET, VENPALAVATTOM, ANAYARA P.O, THIRUVANANTHAPURAM).

BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT/PLAINTIFF:

--------------------- MOHAMMED KHAN, S/O.BAVASAHIB, `PALMANOVA'

'PALMANOVA', LIGHT HOUSE ROAD, AWADUTHURA, VIZHINJAM VILLAGE, NEYYATTINKARA.

R BY ADV. SRI.S.SREEKUMAR (SR.) R BY ADV. SRI.P.MARTIN JOSE R BY ADV. SRI.P.PRIJITH R BY ADV. SRI.ANEESH JAMES THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & P.V ASHA, JJ.

----------------------------------------------------- R.F.A No.361 of 2010 ---------------------------------------------------- Dated this the 8th day of December, 2015

JUDGMENT

Antony Dominic, J.

The defendant in O.S No.7 of 2007, on the file of the Sub Court, Thiruvananthapuram, is the appellant. On the request of the parties, the appeal was referred for mediation by order dated 2.12.2015. Accordingly, the dispute was mediated at the Ernakulam Mediation Centre and the parties have entered into an agreement on 2.12.2015 itself, settling the disputes. In view of the settlement thus arrived at, this appeal is disposed of directing that the terms of the agreement will form part of the decree. The appellant will also be entitled to refund of the court fee paid on the Memorandum of Appeal.

The appeal is disposed of accordingly.

Sd/- ANTONY DOMINIC Judge Sd/- P.V.ASHA Judge rtr/ /true copy/ P.S to Judge