Regular second appeal dismissed on settled terms. Parties mediated settlement approved by court; suit disposed of per settlement; appellants entitled to court fees refund.
Impugned judgments set aside; suit disposed per settlement; full court fees refund to appellants.
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 P.B.SURESH KUMAR
MONDAY, THE 11TH DAY OF JANUARY 2016/21ST POUSHA, 1937
RSA.No. 418 of 2013(G)
AGAINST THE JUDGMENT IN A.S.NO.6/2010 OF SUB COURT, VATAKARA AGAINST THE JUDGMENT IN O.S.NO.162/2007 OF MUNSIFF COURT, VATAKARA
APPELLANT(S)//RESPONDENTS/DEFENDANTS :
1. USHA, AGED 45 YEARS, W/O.P.SASEENDRAN, SWASTHAM, KELUBAZAR, RESIDING AT VADAKKAYIL, URALUNGAL AMSOM, MADAPPALLY DESOM, P.O.MADAPPALLY COLLEGE, VATAKARA TALUK, KOZHIKODE DISTRICT.
2. SARATH, AGED 21 YEARS, S/O.P.SASEENDRAN, KELUBAZAR, RESIDING AT VADAKKAYIL, URALUNGAL AMSOM, MADAPPALLY DESOM, P.O.MADAPPALLY COLLEGE, VATAKARA TALUK, KOZHIKODE DISTRICT.
3. SHAMJITH, AGED 18 YEARS, S/O.P.SASEENDRAN, KELUBAZAR, RESIDING AT VADAKKAYIL, URALUNGAL AMSOM, MADAPPALLY DESOM, P.O.MADAPPALLY COLLEGE, VATAKARA TALUK, KOZHIKODE DISTRICT.
4. SREEJITH (MINOR), AGED 13 YEARS, S/O.P.SASEENDRAN, KELUBAZAR, RESIDING AT VADAKKAYIL, URALUNGAL AMSOM, MADAPPALLY DESOM, P.O.MADAPPALLY COLLEGE, VATAKARA TALUK, KOZHIKODE DISTRICT, (REPRESENTED BY 1ST APPELLANT MOTHER USHA).
BY SRI.GRASHIOUS KURIAKOSE (SENIOR ADVOCATE) ADVS. SRI.GEORGE MATHEWS SRI.P.BHARATHAN
RESPONDENT(S)/APPELLANT/PLAINTIFF :
METHALE THAIKKANDY BALAN, AGED 57 YEARS, S/O.ANDY, WORKING AT CANTEEN, URALUNGAL AMSOM, MADAPPALLY DESOM, P.O.MADAPPALLY COLLEGE, VATAKARA TALUK, KOZHIKODE DISTRICT-673 102.
BY ADVS. SRI.B.KRISHNAN SRI.PARTHASARATHY
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 11-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
P.B.SURESH KUMAR, J.
R.S.A.No.418 of 2013
-----------------------------------------------Dated this the 11th day of January, 2016
JUDGMENT
The disputes between the parties in this matter are settled by recourse to mediation. The memorandum of settlement arrived at by them is part of the records. The memorandum of settlement indicates that the terms of settlement arrived at between the parties are lawful. In the circumstances, the impugned judgments are set aside and the suit O.S.No.162 of 2007 on the file of the Munsiff Court, Vatakara is disposed of in terms of the settlement. A copy of the memorandum of settlement shall be appended to this judgment and the original shall be preserved. In the light of Section 69A of the Kerala Court Fees and Suits
R.S.A.No.418 of 2013
2
Valuation Act, 1959, the appellants are entitled to refund of the full court fees paid by them on this appeal. All the interlocutory applications in the appeal are closed.
P.B.SURESH KUMAR, JUDGE.
smm
1 provisions across 1 enactments
Usha
Sarthath
Shamjith
Sreejith
Methale Thaikandy Balan
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
