Regular first appeal and cross objection filed challenging a civil decree were disposed of after the parties reached a settlement via mediation. The court directed that the settlement terms and a produced sketch form part of the decree.
Appeal and cross objection disposed of; terms of settlement and sketch made part of the decree.
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
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2016/5TH PHALGUNA, 1937
RFA.No. 436 of 2014 ()
AGAINST THE JUDGMENT AND DECREE IN OS NO.25/2011 of I ADDITIONAL SUB COURT,ERNAKULAM DATED 03-03-2014
APPELLANT(S)/PLAINTIFF:
FRANKLIN G THOMAS, AGED 62 YEARS S/O.K.T.GARSEY, 4/3 ARVIND NAGAR, KALINA-KURLA ROAD SANTACRUZ EAST, MUMBAI-400029.
BY ADVS.SRI.P.R.VENKETESH SRI.P.C.CHACKO(PARATHANAM)
RESPONDENT(S)/DEFENDANT:
MARGARET METLON GARSEY ALIAS MAGGI W/O.LATE METLON.G.THOMAS, RESIDING AT JN-2 BUILDING NO.52, TYPE A/6, SECTOR 9 NEW MUMBAI-400036.
BY ADVS. SRI.M.P.RAMNATH
SRI.P.RAJESH (KOTTAKKAL) . SMT.UMA R.KAMATH SEI.M.VARGHESE VARGHESE SMT.S.SANDHYA SRI.BEPIN PAUL SRI.SHALU VARGHESE
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24-02-2016, ALONG WITH CO. NO.113/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
R.F.A.No.436 of 2014 & Cross Objection No.113 of 2014 -------------------------------------Dated this the 24th day of February, 2016 COMMON JUDGMENT
Antony Dominic, J.
This appeal is filed by the plaintiff in O.S.No.25 of 2011 on the file of the Sub Court, Ernakulam, challenging the judgment and decree dated 03.03.2014. During the pendency of the appeal, by order dated 14.10.2014, the parties were referred for mediation. Accordingly, the dispute was mediated at the Ernakulam Mediation Centre and the parties have settled their disputes. Incorporating the terms of settlement, they have entered into a memorandum of agreement dated 11.11.2014. Subsequently, they have also produced a sketch along with the memo dated 02.02.2016. Learned counsel for the respondent has thereupon filed a memo dated 23.02.2016, requesting for making the aforesaid sketch a part of the decree to be passed in this appeal.
In view of the settlement thus arrived at between the parties, the appeal and cross objection are disposed of directing that the terms of memorandum of settlement dated 11.11.2014 and the sketch produced
R.F.A.No.436 of 2014 & Cross Objection No.113 of 2014 2 along with the memo dated 02.02.2016 will form part of the decree in this appeal and the cross objection.
All pending interlocutory applications will stand closed.
ANTONY DOMINIC, JUDGE.
A. HARIPRASAD, JUDGE.
cks
FRANKLIN G THOMAS
MARGARET METLON GARSEY
ANTONY DOMINIC
A. HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
