Appeal from a civil decree was disposed of after the parties entered into a settlement agreement through mediation, governing terms between them.
Appeal disposed of directing parties to be governed by the terms of the settlement agreement dated 21.02.2016.
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 16TH DAY OF MARCH 2016/26TH PHALGUNA, 1937
RFA.No. 808 of 2014 ()
AGAINST THE ORDER/JUDGMENT IN OS 349/2012 of II ADDL.SUB COURT,KOZHIKODE DATED 30.6.2014
APPELLANT(S)/PLAINTIFFS:
(NAME OF R3 IS CORRECTED AS 'SHYAMALA' VIDE JUDGMENT DATED 16.3.2016)
BY ADVS.SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENT(S)/DEFENDANTS:
R1 BY ADV. SRI.SREEJITH S.NAIR
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A. HARIPRASAD, JJ. ----------------------------------R.F.A.No.808 of 2014
----------------------------------Dated this the 16th day of March, 2016
JUDGMENT
Antony Dominic, J.
This appeal is filed by the plaintiffs in O.S.349/12 on the file of the Additional Sub Court, Kozhikode aggrieved by the judgment and decree dated 30.6.2014. By order dated 25.9.2015, this appeal was referred for mediation. Accordingly, the dispute was mediated at the Ernakulam Mediation Centre and the parties have entered into a memorandum of agreement dated 21.02.2016 settling the entire disputes. In view of the settlement thus arrived at, this appeal is disposed of directing that the parties will be governed by the terms of the memorandum of agreement dated 21.02.2016 which will form part of the decree in the appeal.
Incidentally, we may also mention that in the judgment under appeal and in the cause title, the name of the third appellant is shown as 'Shamala'. However, in the memorandum of agreement dated 21.2.2016, her name has been shown as 'Shyamala'. It
RFA.808/14
2
is submitted by the counsel for the appellants that the name 'Shyamala' as shown in the memorandum of agreement is the correct name. This submission is recorded.
Sd/ANTONY DOMINIC, Judge.
Sd/A. HARIPRASAD, Judge.
kkb.
/True copy/
PS to Judge
MADAN KOLLAN ASISH
BABJIJA
SHYAMALA
MADAN KOLLAN RAJAGOPALAN
MADAN KOLLAN PEETHAMBARAN
ANTONY DOMINIC
A. HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
