Sakkir Hussain v. S.Abdul Hameed

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 RFA.No. 262 of 2014 ---------------------------- AGAINST THE JUDGMENT IN OS 630/2011 of II ADDL.SUB COURT, KOZHIKODE DATED 05-08-2013 APPELLANT/DEFENDANT:

----------------------------------- SAKKIR HUSSAIN AGED 42, S/O. MUHAMMED, CHANGALAMPURATH PARAMBIL ROSHAN VILLA, KOZHIKODE TALUK NEDUNGOTTUR AMSOM DESOM.

BY ADVS.SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENT/PLAINTIFF:

----------------------------------- S.ABDUL HAMEED AGED 42, S/O. AYAPPALLY MOIDEEN, T.K.V APARTMENT KOZHIKODE TALUK, VALAYANAD AMSOM DESOM.

(REPRESENTED BY POWER OF ATTORNEY HOLDER ABOOBACKET.P.T.) R1 BY ADV. SRI.R.BINDU (SASTHAMANGALAM) THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A. No.262 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November, 2015

JUDGMENT

Antony Dominic, J.

Memo dated 5th August 2014 is recorded. This appeal is filed by the defendant in O.S.630/11 on the file of the Second Additional Sub Court, Kozhikode challenging the judgment and decree dated 5.8.2013. By order dated 7.10.2015, this appeal was referred for mediation. Accordingly, the dispute was mediated at the Ernakulam Mediation Centre (High Court) and the parties have settled the disputes and entered into memorandum of settlement dated 15.10.2015.

In view of the above, the appeal is disposed of as settled and directing that the parties will be governed by the terms of the memorandum of agreement dated 15.10.2015, which will form part of this judgment. The appellant will also be entitled to refund of the court fee paid on the appeal.

Sd/- ANTONY DOMINIC JUDGE Sd/- P.V.ASHA JUDGE jes