The High Court of Kerala, in Transfer Appeal No. 5 of 2010, disposed of the matter by approving the mediated settlement agreement. Upon confirmation that pending cases were withdrawn, the court closed the appeal and recorded the terms of settlement.
The transfer appeal was closed, and all pending cases between the parties were struck off.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN
TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932
Tr.Appeal(C).No. 5 of 2010()
---------------------------AGAINST THE JUDGEMENT/ORDER IN R.P.556/10 AND ORDER IN TPC.108/2010 Dated 14/06/2010
APPELLANTS/REVIEW PETITIONERS/RESPONDENTS
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1. VINOD JOSEPH, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER AND FATHER SRI.V.C.JOSEPH, WHO IS RESIDING AT VELLAKKATTEL HOUSE, KIZHAKOMBU KARA, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK.
2. V.C.JOSEPH, VELLAKKATTEL HOUSE, KIZHAKOMBU KARA, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK.
3. SARAMMA JOSEPH, W/O.JOSEPH, VELLAKKATTEL HOUSE, KIZHAKOMBU KARA, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK.
BY ADV. SMT.K.GIRIJA
RESPONDENT(S): RESPONDENTS/PETITIONERS
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1. ALICE, D/O.CHACKO, VELLAKATTEL VEEDU, KIZHAKOMBU KARA, KOOTHATTUKULAM VILLAGE, KOOTHATTUKULAM, NOW RESIDING AT MALLACKAL HOUSE, THRIKKODITHANAM P.O., CHANGANACHERRY.
2. ALVI VINOD, REPRESENTED BY HER MOTHER AND NEXT FRIEND ALICE.
3. ALCY VINOD, REPRESENTED BY HER MOTHER AND NEXT FRIEND ALICE.
THIS TRANSFER APPEAL(CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N. KRISHNAN & P.S. GOPINATHAN, JJ.
= = = = = = = = = = = = = = Transfer Appeal 5 OF 2010 = = = = = = = = = = = = = = = Dated this the 11th day of January, 2011.
J U D G M E N T
Krishnan, J.
By virtue of an order dated 15.11.10 the matter was referred to the Mediation Centre. The Mediated Settlement Agreement had been produced before us whereby the parties have settled the matter and it is also stated “In view of the above settlement, Tr.A No.5/2010 can be disposed of recording the terms herein and striking off all pending cases between the parties before the Family Court.”
It is submitted by the learned counsel for the petitioner that in pursuance of the settlement all the pending cases had been withdrawn as settled out of Court. So the settlement is recorded and Tr.Appeal 5/10 is closed. The mediation report shall form part of this order.
M.N. KRISHNAN, JUDGE.
P.S. GOPINATHAN, JUDGE.
ul/-
3 issues framed by the court
Whether the transfer appeal should be closed in view of the mediated settlement agreement filed before the court.
Whether the pending cases between the parties should be struck off upon the settlement.
Whether the mediation report should form part of the order.
1 provisions across 1 enactments
VINOD JOSEPH
V.C. JOSEPH
SARAMMA JOSEPH
ALICE
ALVI VINOD
ALCY VINOD
M.N. KRISHNAN
P.S. GOPINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
