Sadhique v. Nusaiba Jalal

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 RFA.No. 859 of 2013 () ----------------------- AGAINST THE ORDER/JUDGMENT IN OS 51/2013 of SUB COURT, CHAVAKKAD DATED 12-09-2013 APPELLANT(S)/DEFENDANTS 3 & 4:

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

SADHIQUE, AGED 30 YEARS S/O. POLLAKKAYIL MOIDEENKUNJI POLLAKKAYIL, KADAPPURAM AMSOM, CHAVAKKAD TALUK THRISSUR DISTRICT.

2.

SHAHARBANU, AGED 26 YEARS W/O. POLLAKKAYIL SADHIQUE POLLAKKAYIL, KADAPPURAM AMSOM, CHAVAKKAD TALUK THRISSUR DISTRICT.

BY ADVS.SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S)/PLAINTIFF & DEFENDANTS 1 & 2:

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

NUSAIBA JALAL, AGED 22 YEARS W/O. PANIKKAVEETTIL JALAL, THALIKKULAM VILLAGE, DESOM CHAVAKKAD TALUK, PRESENT ADDRESS: MUNAKKADAVU DESOM KADAPPURAM VILLAGE, CHAVAKKAD TALUK, THRISSUR-680514.

* 2.

SHARAFUDEEN, AGED 35 YEARS S/O.MOIDEEN HAJI, POLLAKKAYIL KADAPPURAM AMSOM CHAVAKKAD TALUK, THRISSUR DISTRICT.PIN-680514.

* 3.

BHUSHARA, AGED 33 YEARS W/O. POLLAKKAYIL SHARAFUDEEN POYYAKKAT, KADAPPURAM AMSOM, CHAVAKKAD TALUK THRISSUR DISTRICT. PIN-680514.

*NAMES OF SECOND AND THIRD RESPONDENTS ARE STRUCK OFF FROM THE PARTY ARRAY AS PER ORDER DATED 15.10.2015 IN I.A.NO.2150 OF R1 BY ADV. SRI.P.RAMACHANDRAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

jg-21/10

THOTTATHIL B.RADHAKRISHNAN & ANU SIVARAMAN, JJ.

.................................................................... RFA No.859 of 2013 .................................................................... Dated this the 15th day of October, 2015.

J U D G M E N T

Thottathil B.Radhakrishnan, J.

Mediation settlement agreement dated 06.10.2015 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 The impugned decree will stand superseded by this judgment in terms of the mediation settlement agreement, which will stand appended to the judgment.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) (ANU SIVARAMAN, JUDGE) jg-15/10