Manayanikkal Thomas v. Karippodi Abdulla

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 RFA.No. 533 of 2011 ----------------------- AGAINST THE JUDGMENT IN OS 79/2008 of SUB COURT, PAYYANNUR APPELLANTS/APPELLANTS/DEFENDANTS:

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1. MANAYANIKKAL THOMAS AGED 66 YEARS, AGRICULTURIST, ERUVESSI AMDOM DESOM POTTANPLAVU.P.O., NADUVIL VIA, TALIPARAMBA TALUK KANNUR DISTRICT. 670 582.

2. ANNA, W/O.MANAYANIKKAL THOMAS, ERUVESSI AMDOM DESOM, POTTANPLAVU.P.O., NADUVIL VIA TALIPARAMBA TALUK, KANNUR DISTRICT. 670 582.

3.DEVASSIA, S/O.MANAYANIKKAL THOMAS, ERUVESSI AMDOM DESOM, POTTANPLAVU.P.O., NADUVIL VIA TALIPARAMBA TALUK, KANNUR DISTRICT. 670 582.

4. KURUVILLA, S/O.MANAYANIKKAL THOMAS, ERUVESSI AMDOM DESOM, POTTANPLAVU.P.O., NADUVIL VIA TALIPARAMBA TALUK, KANNUR DISTRICT. 670 582.

5. MATHAI, S/O.MANAYANIKKAL THOMAS, ERUVESSI AMDOM DESOM, POTTANPLAVU.P.O., NADUVIL VIA TALIPARAMBA TALUK, KANNUR DISTRICT. 670 582.

6.THRESSIA, D/O.MANAYANIKKAL THOMAS, ERUVESSI AMDOM DESOM, POTTANPLAVU.P.O., NADUVIL VIA TALIPARAMBA TALUK, KANNUR DISTRICT. 670 582.

BY ADVS.SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENT/PLAINTIFF IN THE SUIT:

------------------------------------------ KARIPPODI ABDULLA, S/O.PAKKARUTTY, AGED 53, BUSINESS, MUTTATHODI VILLAGE, ALAMBADI.P.O., CHENGALA VILLAGE KASARAGOD TALUK, KASARAGOD DISTRICT.

R1 BY ADV. V T MADHAVANUNNI(NO MEMO) THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14-102015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

THOTTATHIL B.RADHAKRISHNAN & ANU SIVARAMAN, JJ.

= = = = = = = = = = = = = = = = = = = = = R.F.A.No.533 of 2011 = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of October, 2015

JUDGMENT

Thottathil B.Radhakrishnan, J.

Mediation settlement between the parties as placed on record through the District Co-ordinator of the District Mediation Centre, Thalassery is taken on record. This appeal is ordered in supersession of the impugned decree and judgment and in terms of the memorandum of agreement of mediation settlement signed by the parties on 03.09.2015. The said mediation settlement agreement will stand appended to this judgment. Refund the entire court fee paid on this appeal memorandum to the appellants through their learned counsel. The mediation settlement agreement along with the judgment shall be treated as decree for all intents and purposes. Thottathil B.Radhakrishnan, Judge Anu Sivaraman, Judge sj