T.R.Jiji v. Selvaraj @ Raju

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 RFA.No. 663 of 2015 --------------------------- AGAINST THE JUDGMENT AND DECREE IN OS 109/2013 of PRINCIPAL SUB COURT, NORTH PARAVUR DATED 27.2.2015 APPELLANTS/DEFENDANTS 3, 4 AND 5:

1. T.R.JIJU, SUB INSPECTOR OF POLICE EARLIER AT ELOOR POLICE STATION NOW AT KOTTAYAM WEST POLICE STATION KOTTAYAM

2. ANIL C.S, ASSISTANT SUB INSPECTOR (GRADE) EARLIER SENIOR CIVIL POLICE OFFICER ELOOR POLICE STATION, ELOOR

3. SHEJIKUMAR, SENIOR CIVIL POLICE OFFICER EARLIER CIVIL POLICE OFFICER, ELOOR POLICE STATION ELOOR, NOW AT TRAFFIC WEST POLICE STATION, KOCHI CITY BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SRI.M.F.MOHAMMOD SIYAD SMT.ACHU SUBHA ABRAHAM RESPONDENTS/PLAINTIFF AND DEFENDANTS 1 AND 2:

1. SELVARAJ @ RAJU S/O. SAURIYAR, HOUSE NO 193, ASSISSI NAGAR PUTHUPETTY, DINDIGAL, TAMIL NADU NOW RESIDING AT PANCHAYAT COLONY, PATHALAM KUTTIKATTUKARA, KADUNGALLUR VILLAGE, PARAVUR TALUK ERNAKULAM 683 504

2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KAKKANADU, ERNAKULAM 682 030

3. STATE OF KERALA, REPRESENTED BY THE CITY POLICE COMMISSIONER ERNAKULAM CITY, ERNAKULAM 682 011 R2 & 3 BY SR. GOVERNMENT PLEADER SRI.P.FAZIL. R1 BY ADV. SRI.P.T.SEBASTIAN TOMY THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A.No.663 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2015

JUDGMENT

Antony Dominic, J.

This appeal is filed by the defendants 3 to 5 in O.S.109/13 on the file of the Principal Sub Court, North Paravur who are aggrieved by the judgment and decree passed by that court on 27.2.2015. By the order dated 9.11.2015, this appeal was referred for mediation. Accordingly, the dispute was mediated at the Ernakulam Mediation Centre and the dispute has been settled between the appellants and the first respondent and this is evident from the memorandum of agreement dated 11th December 2015.

In view of the settlement thus arrived at between the parties, this appeal is disposed of directing that the terms of memorandum of agreement dated 11th December 2015 will form part of the decree in this appeal and as agreed between the parties the judgment in O.S.109/13 on the file of the Principal Sub Court, North Paravur will stand set aside. ANTONY DOMINIC JUDGE P.V.ASHA JUDGE jes