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High Court of KeralaRFA/372/2014disposed of

Krishnakumari v. Thankamma

2015-08-06Honourable Mr.Justice T.R.Ramachandran Nair3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 RFA.No. 372 of 2014 () ----------------------- AGAINST THE JUDGMENT IN OS 417/2010 of II ADDL.SUB COURT,ERNAKULAM DATED 30-03-2013 APPELLANTS/DEFENDANTS ------------------------

1. KRISHNAKUMARI AGED 52 YEARS W/O.LATE CHANDRASEKHARAN, RESIDING AT IV/566A MARATH MADOM, UDAYAMPEROOR, POOTHOTTA P.O.

ERNAKULAM DISTRICT.

2. DHANYA AGED 23 YEARS W/O.ANILKUMAR, KALAPPURAKKAL HOUSE, PERUMBALAM ALAPPUZHA DISTRICT.

3. DIVYA AGED 21 YEARS W/O.RAJESH, AYYAPPA NIVAS, EROOR TRIPUNITHURA, ERNAKULAM DISTRICT.

4. DEEPA AGED 20 YEARS D/O. LATE CHANDRASEKHARAN, RESIDING AT IV/566A MARATH MADOM, UDAYAMPEROOR, POOTHOTTA P.O.

ERNAKULAM DISTRICT.

BY ADVS.SRI.M.P.KRISHNAN NAIR SRI.V.B.NARAYANAN RESPONDENT/PLAINTIFF ---------------------------- THANKAMMA, AGED 80 YEARS W/O.ANANDAKRISHNAN EMBRANDHIRI, MARATH MADOM, POOTHOTTA ERNAKULAM DISTRICT.

R1 BY ADV. SRI.DINESH R.SHENOY R1 BY ADV. SRI.E.VIJIN KARTHIK R1 BY ADV. SRI.H.KIRAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAMACHANDRAN NAIR & K.P.JYOTHINDRANATH, JJ.

- - - - - - - - - - - - - - - - - - - - - R.F.A.No.372 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2015

JUDGMENT

Ramachandran Nair, J.

The disputes between the parties have been settled as evident from the report of the Mediator.

2.

The appeal is filed from the judgment and decree in O.S.No.417/2010 on the file of the II Additional Sub Court, Ernakulam. The appellants are the defendants and the sole respondent is the plaintiff.

3.

We dispose of the appeal as settled and the terms of settlement will form part of the judgment and decree. In the settlement agreement, apart from the parties in this appeal, two other parties shown as petitioners 6 and 7 have also signed and the Mediator in his report has stated that even though they are not parties in this appeal, they have affixed their signature. It is submitted by the learned counsel for the appellants that they are parties in the connected suit which is

R.F.A.No.372/2014 pending before the Munsiff's Court, Ernakulam and all the disputes between the parties in various cases have been settled through this mediaton settlement agreement.

The plan appended to the agreement will form part of the decree. The parties will bear their costs.

T.R.RAMACHANDRAN NAIR, JUDGE K.P.JYOTHINDRANATH,JUDGE sv.