Mithlaj v. Sunny

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 RFA.No. 691 of 2014 () ----------------------- AGAINST THE JUDGMENT IN OS 98/2013 of SUB COURT, PERUMBAVOOR DATED 20-06-2014 APPELLANT/DEFENDANT:

-------------------------------------------- MITHLAJ AGED 35 YEARS S/O.USMAN, PUTHENPURACKAL HOUSE, VELOOR KARA PUTHENCRUZ VILLAGE, KUNNATHUNADU TALUK.

BY ADVS.SRI.M.A.ABDUL HAKHIM ANAS C.A RESPONDENT/PLAINTIFF:

------------------------------------------------ SUNNY, AGED 44 YEARS S/O.KURIAN, ATTINAL HOUSE, PULLUVAZHAY KARA RAYAMANGALAM VILLAGE.

BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

- - - - - - - - - - - - - - - - - - - - - R.F.A.No.691 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is filed by the defendant in O.S.No.98/2013 on the file of the Subordinate Judge's Court, Perumbavoor. The respondent plaintiff filed the suit for specific performance. During the pendency of the appeal, the matter was referred for mediation and the parties have settled the same as evident from the settlement agreement forwarded by the learned Mediator.

We have perused the settlement agreement. The agreement has been signed by both sides and by the respective counsel. We make it clear that the terms of settlement will form part of the judgment and decree and the appeal is therefore disposed of as settled. The court fee paid on the memorandum of appeal will be refunded to the appellant. T.R.RAMACHANDRAN NAIR, JUDGE K.P.JYOTHINDRANATH,JUDGE sv.