Shafi v. Abdul Azeez & 2 Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 RFA.No. 831 of 2011 ( ) ------------------------ AGAINST THE JUDGMENT AND DECREE IN OS 81/2001 ON THE FILE OF THE SUB COURT, MAVELIKKARA DATED 28-06-2011 APPELLANT/PLAINTIFF:

-------------------- SHAFI AGED 46 YEARS PANDAKASALAYIL, KAYAMKULAM MURI, KAYAMKULAM VILLAGE. BY ADVS.SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENTS/DEFENDANTS:

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1. ABDUL AZEEZ & 2 OTHERS, AGED 55 YEARS ATTATHU PADEETTATHIL, KEERIKKAD THEKKUM MURI KEERIKKAD VILLAGE-690508.

2. SAFEEDA BEEVI, AGED 50 YEARS S/O. ABDU AZEEZ, ATTATHU PADEETTATHIL KEERIKKAD THEKKUM MURI, KEERIKKAD VILLAGE-690508.

3. ASHIR, AGED 55 YEARS KOCHUPARAMBIL VEETTIL, PERINGALA MURI KAYAMKULAM VILALGE-690502.

R1 TO 3 BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) R1 TO 3 BY ADV. SRI.A.R.DILEEP R1 TO 3 BY ADV. SRI.MANU SEBASTIAN R1 TO 3 BY ADV. SMT.NAVA VARGHESE THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 2403-2015, ALONG WITH CO. 25/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

AL/-

T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March 2015

JUDGMENT

Ramachandran Nair , J., The disputes were referred for mediation through High Court Mediation Centre and the parties have settled their disputes and the learned mediator has forwarded to this court the memorandum of settlement. We have gone through the memorandum of settlement which has been signed by the appellants and respondents 1 to 3. There is signature of the counsel also. We therefore record the settlement. The court fee paid on the memorandum of appeal will be refunded to the appellant/plaintiff. There will no order as to costs in the appeal.

2. In the light of the condition No.3 in the memorandum of settlement, the attachment ordered in respect of properties scheduled in the attachment petition

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extending to 5.20 Ares in Survey No.18/70, 18/71, 18/70-1, 18/70-4 and 0.60 Ares in Survey No.18/70-2 in Keerikkadu Village of Karthikappally Taluk will stand lifted. It s submitted that the respondent paid an amount of Rs. 3 lakh.

Accordingly, the appeal and the cross objection are disposed of.

Sd/- T.R.RAMACHANDRAN NAIR (JUDGE) Sd/- P.V.ASHA (JUDGE) AL/- True copy P.A to Judge

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