K.R.Chandravally Sugathan v. Antony C.A.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 RFA.No. 418 of 2013 --------------------------- AGAINST THE JUDGMENT AND DECREE IN OS 792/2010 of II ADDL.SUB COURT, THRISSUR DATED 13.6.2012 APPELLANT/DEFENDANT:

----------------------------------- K.R.CHANDRAVALLY SUGATHAN W/O KUTTUNGAL VEETIL DR. SUGATHAN, URAKAM VILLAGE URAKAM DESOM, THRISSUR.

BY ADV. SRI.P.SATHISAN RESPONDENT/PLAINTIFF:

----------------------------------- ANTONY C.A., AGED 61 YEARS S/O ANTHONY, CHANKAN VEETTIL, KODAKARA VILLAGE KANKAMALA DESOM, THRISSUR-680 001.

R1 BY ADV. SRI.K.G.BALASUBRAMANIAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A.No.418 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2015

JUDGMENT

Antony Dominic, J.

This appeal is filed by the defendant in O.S.792/10 on the file of the Second Additional Sub Judge, Thrissur challenging the judgment and decree passed by that court. By order dated 25th September 2015, this appeal was referred for mediation. Accordingly, the dispute was mediated at the Ernakulam Mediation Centre (High Court) and the parties have entered into memorandum of settlement dated 13th November 2015 settling the dispute.

In view of the settlement thus arrived at between the parties, this appeal is disposed of directing that the judgment and decree will stand modified in terms of memorandum of settlement and the appellant will be entitled to refund of the court fee paid in the appeal. Memorandum of agreement dated 13th November 2015 will form part of the judgment. SD/- ANTONY DOMINIC JUDGE SD/- P.V.ASHA JUDGE jes