High Court of KeralaRFA/298/2015disposed of

Sarafudheen v. Sulaikha

2015-11-12Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice Antony Dominic2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 RFA.No. 298 of 2015 ( ) ------------------------ AGAINST THE ORDER/JUDGMENT IN OS 14/2004 of SUB COURT, TIRUR DATED 19-11-2004 APPELLANT(S)/PLAINTIFF:

---------------------------------------- SARAFUDHEEN, S/O.MOHAMMEDKUTTY, ANTHOOR VALAPPIL HOUSE, EDAPPAL AMSOM PONNAIKKARA DESOM, PONANI TALUK.

BY ADV. SMT.M.CHANDRALEKHA RESPONDENT(S)/DEFENDANTS:

--------------------------------------------------

1. SULAIKHA PROPRIETOR, CHITRA SAGAR THEATRE, PAN BAZAR TIRUR.

2. SULAIKHA, AMEER MANZIL, P.O.KALPAKANCHERY, MALAPPURAM DISTRICT. * 3. BHARATHAN, MANAGER, CHITRA SAGAR THEATRE, PAN BAZAR TIRUR. (Deleted) (* Name of R3 deleted from the party array vide order dated 12.11.2015 in IA.2279/15) R2-R3 BY ADV. SRI.BLAZE K.JOSE R2-R3 BY ADV. SMT.N.DEEPA THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & P.V.ASHA, JJ.

----------------------------------- R.F.A(Indigent).No.298 of 2015 ----------------------------------- Dated this the 12th day of November, 2015

JUDGMENT

Antony Dominic, J.

This appeal is filed by the plaintiff in O.S.14/04 on the file of the Sub Court, Tirur, challenging the judgment and decree dated 19.11.2004. By order dated 04.08.2015, this appeal was referred for mediation. Accordingly, the dispute was mediated at the Ernakulam Mediation Centre and the appellant and the first respondent have entered into a memorandum of agreement dated 11.08.2015, settling the entire disputes. In view of the settlement thus arrived at, this appeal is disposed of directing that the parties will be governed by the terms of the agreement of settlement and that the decree will stand modified in terms thereof. The settlement agreement will form part of the judgment.

No court fee shall be recovered from the appellant.

Sd/- ANTONY DOMINIC, Judge.

Sd/- P.V.ASHA, Judge.

kkb.

/True copy/ PS to Judge