Mathen v. V.C.Thomas

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 RFA.No. 877 of 2012 () ----------------------- AGAINST THE ORDER/JUDGMENT IN OS 167/2000 of SUB COURT, PATHANAMTHITTA DATED 30-07-2009 APPELLANT(S)/DEFENDANTS:

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

MATHEN, AGED 76 YEARS, S/O.CHANDY PILLA, KOMALATHU PUTHUSSERIL (KOMALATHU KUTTISSERIL) ULUNTHI MURI, ENNAKKADU VILLAGE.

2.

ACHAMMA MATHEN, AGED 64 YEARS, W/O.MATHEN KOMALATHU PUTHUSSERIL (KOMALATHU KUTTISSERIL) ULUNTHI MURI, ENNAKKADU VILLAGE.

BY ADV. SRI.P.HARIDAS RESPONDENT(S)/PLAINTIFF:

------------------------------------------------ V.C.THOMAS, AGED 33 YEARS S/O.V.C.CHANDY, ASSEMBLIES OF GOD CHURCH, ENATHU FROM VALETHU MALAYIL, KOZHUVALLOOR MURI, MULAKKUZHA VILLAGE, PIN - 689 549.

R1 BY ADV. SRI.K.SHAJ R1 BY ADV. SRI.SAJJU.S THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

THOTTATHIL B.RADHAKRISHNAN & SUNIL THOMAS, JJ.

.................................................................... R.F.A.No.877 of 2012 .................................................................... Dated this the 26th day of June, 2015.

J U D G M E N T

Thottathil B.Radhakrishnan, J.

Mediation settlement agreement dated 17.06.2015 is recorded. The impugned decree will stand superseded by this judgment, in terms of the mediation settlement agreement, which will stand appended to the judgment. The mediation settlement agreement along with this judgment will be treated as decree for all intents and purposes. Drafting of separate decree is dispensed with. Refund the court fee paid on this appeal to the appellants through their learned counsel. This RFA is ordered accordingly. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) (SUNIL THOMAS, JUDGE) jg