Lilly John v. Jinta Thomas And Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 RFA.No. 327 of 2011 ( ) ------------------------ AGAINST THE ORDER/JUDGMENT IN OS 693/2007 of PRL.SUB COURT, IRINJALAKUDA DATED 23-12-2010 APPELLANT(S)/IST DEFENDANT:

------------------------------------------- LILLY JOHN, AGED 69 YEARS, W/O.LATE V.T.JOHN, VALIAYAVEETTIL HOUSE, EDATHIRUTHY VILLAGE, KODUNGALLUR, THRISSUR DISTRICT.

BY ADVS.SRI.T.KRISHNAN UNNI (SR.) SMT.P.A.SHEEJA SRI.SAJU.S.A SRI.K.C.KIRAN SMT.MEENA.A.

RESPONDENT(S)/PLAINTIFFS AND 2ND DEFENDANT:

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

JINTA THOMAS, AGED 34 YEARS, W/O.LATE THOMAS, VALIYAVEETTIL HOUSE, BANK EMPLOYEE, NOW RESIDING AT ACCARA HOUSE, EDAKUNNY VILLAGE, THRISSUR TALUK.

2.

JOHN THOMAS, AGED 14 YEARS (MINOR), S/O.LATE THOMAS, REPRESENTED BY MOTHER AND NATURAL GUARDIAN JINTA THOMAS, W/O.LATE THOMAS VALIYAVEETTIL HOUSE, BANK EMPLOYEE, NOW RESIDING AT ACCARA HOUSE, EDAKUNNY VILLAGE, THRISSUR TALUK.

3.

ST.ANN'S CONVENT, EDATHIRUTHY, REPRESENTED BY ITS MOTHER SUPERIOR AND ADMINISTRATOR, REV.SISTER, PAVANA @ LEENA, RESIDING AT ST.ANN'S CONVENT, EDATHIRUTHY VILLAGE, KODUNGALLUR TALUK.

R1 & R2 BY ADV. SRI.P.B.KRISHNAN R1 & R2 BY ADV. SMT.GEETHA P.MENON R1 & R2 BY ADV. SRI.N.AJITH R1 & R2 BY ADV. SRI.P.B.SUBRAMANYAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

THOTTATHIL B.RADHAKRISHNAN & SUNIL THOMAS, JJ.

.................................................................... RFA No.327 of 2011 .................................................................... Dated this the 2nd day of July, 2015.

J U D G M E N T

Thottathil B.Radhakrishnan, J.

Mediation settlement agreement dated 11.03.2015 is recorded. It is submitted that parties have executed documents in terms of that settlement. The impugned decree will stand superseded by this judgment in terms of the mediation settlement agreement, which will stand appended to this judgment.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. This RFA is ordered accordingly. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) (SUNIL THOMAS, JUDGE) jg