K.Devaki Amma (Late) v. Madasserl Sridhara Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 RP.No. 944 of 2015 () --------------------------------- (AGAINST THE JUDGMENT IN RFA.NO. 884/2008 DATED 28-05-2013) --------------------- REVIEW PETITIONERS/RESPONDENTS:
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1. K.DEVAKI AMMA, W/O UNNIKRISHNAN MENON, KONNIKATTU HOUSE, EROOR, TRIPUNITHARA, ERNAKULAM DISTRICT (DECEASED) (30-1-15)
2. SASIDHARAN, S/O UNNIKRISHNAN MENON, KONNIKATTU HOUSE, EROOR, TRIPUNITHARA, ERNAKULAM DISTRICT-682 306
3. MURALEEDHARAN, S/O UNNIKRISHNAN MENON, KONNIKATTU HOUSE, EROOR, TRIPUNITHARA, ERNAKULAM DISTRICT-682 306
4. BHADRA DEVI, D/O UNNIKRISHNAN MENON, KONNIKATTU HOUSE, EROOR, TRIPUNITHARA, ERNAKULAM DISTRICT-682 306
5. RAVEENDRANATHAN, S/O UNNIKRISHNAN MENON, KONNIKATTU HOUSE, EROOR, TRIPUNITHARA, ERNAKULAM DISTRICT-682 306
6. MALINI, D/O UNNIKRISHNAN MENON, KONNIKATTU HOUSE, EROOR, TRIPUNITHARA, ERNAKULAM DISTRICT-682 306
7. RAMESWARY, D/O UNNIKRISHNAN MENON, KONNIKATTU HOUSE, EROOR, TRIPUNITHARA, ERNAKULAM DISTRICT-682 306
8. SETHUNATH, S/O UNNIKRISHNAN MENON, RESIDING AT KONNIKATTU HOUSE, EROOR, TRIPUNITHARA, ERNAKULAM DISTRICT-682 306 sts 2/-
-2R.P.NO.944/2015
9. SIVARAMA MENON, S/O PARUKUTTY AMMA, RESIDING AT DOOR NO.11/142, CHETTIPARAMBA, TRIPUNITHURA REPRESENTED BY THE POWER OF ATTORNEY HOLDER SASIDHARA MENON, RESIDING AT KONNIKATTU HOUSE, EROOR, THRIPUNITHURA, ERNAKULAM. PIN-682 306 BY ADV. SRI.P.SATHISAN RESPONDENT/APPELLANT :
----------------------------------------------- MADASSERIL SRIDHARA MENON, S/O. PARUTTY AMMA, RESIDING AT MADASSERIL HOUSE, THAREPARAMBIL LANE, ERNAKULAM.PIN-682 306 BY SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
THOTTATHIL B.RADHAKRISHNAN & BABU MATHEW P. JOSEPH, JJ.
.................................................................... R.P.No.944 of 2015 in RFA No.884 of 2008 .................................................................... Dated this the 18th day of December, 2015.
(In Chambers)
O R D E R
Thottathil B.Radhakrishnan, J.
1.This petition is filed seeking review of the judgment dated 18.12.2015 in the appeal. The appeal was against the final decree in a suit for partition. We have perused the decretal portion of the judgment of the trial court. The mediation settlement agreement arrived at by the parties during the pendency of the appeal deals only with money, including the amounts covered by the final decree of the trial court. In the judgment, the mediation settlement agreement was recorded and it was ordered that the said memorandum of settlement will stand appended to the judgment. It was ordered therein that the impugned decree is vacated. Drafting of decree was dispensed with. But, that is erroneous, since drafting of final decree in a suit for partition cannot be dispensed with because it
RP944/15 -2is required to be engrossed on stamp paper. Hence, (i) the word 'vacated' ocurred in the third sentence of the judgment dated 28.05.2013 is substituted by the word 'modified'.
(ii) the last sentence of the judgment dated 28.05.2013 is vacated, and instead, it is directed that the mediation settlement agreement dated 19.03.2013 shall be engrossed on stamp paper, along with the requisite portions of the final decree passed by the trial court as is to be done in relation to the final decrees in civil suits.
This review petition is ordered accordingly.
Sd/- (THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/- (BABU MATHEW P. JOSEPH, JUDGE) jg-18/12 The date "18/12/2015" stated in the 2nd line of the order dated 18/12/2015 in R.P 944/2015 in R.F.A 884/2008 is corrected as "28/05/2013" (vide order dated 02/03/2016 in R.P 944/2015 in R.F.A 884/2008.
Sd/- Registrar (Judicial)