This first appeal filed by the third defendant challenging a judgment in O.S. 640/07 was disposed of as settled after the parties executed a memorandum of agreement dated 16th December 2015 through mediation.
Settlement decree; refund of court fee to appellant.
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 ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE A.HARIPRASAD
THURSDAY, THE 3RD DAY OF MARCH 2016/13TH PHALGUNA, 1937
RFA.No. 43 of 2013
AGAINST THE JUDGMENT IN OS 640/2007 of ADDL. SUB COURT, KOLLAM DATED 7.9.2012
APPELLANT/3RD DEFENDANT:
PIOUS PETER
S/O.P.D.PETER, THOTTATHI IMBAVU HOUSE, PULLAZHI P.O. CORPORATION WARD NO.46, ARANADU VILLAGE, THRISSUR.
BY ADV. SRI.K.B.GANGESH
RESPONDENTS/PALINTIFF AND DEFENDANTS 1, 2 & 4:
ASRAMAM MIDDLE WARD
KOLLAM-01.
R1 BY ADV. SRI.M.T.SURESHKUMAR
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
R.F.A. No.43 of 2013
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2016
JUDGMENT
Antony Dominic, J.
This appeal is filed by the third defendant in O.S.640/07 on the file of the Additional Sub Court, Kollam challenging the judgment and decree passed on 7.9.2012. By order dated 25.11.2015, the matter was referred for mediation at the Ernakulam Mediation Centre. Accordingly, the dispute was mediated and the parties have entered into a memorandum of agreement dated 16th December 2015 incorporating the terms of the settlement.
In terms of the above, this appeal is disposed of as settled and directing that the terms of the settlement incorporated in the memorandum of agreement dated 16th December 2015 will form part of the decree in this appeal. The appellant will be entitled to refund of the court fee paid in this appeal.
Sd/- ANTONY DOMINIC JUDGE
Sd/- A.HARIPRASAD JUDGE
jes
Pious Peter
K. Satnyadan
Dickson J. Peter
Nisha Dickson
Sivanandan
Antony Dominic
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
