This regular second appeal was disposed of after parties entered a Mediation Settlement Agreement accepted by the court. The appealed judgments were set aside, the suit dismissed, and court fee refunded.
Settlement accepted; appeal disposed; judgments set aside; suit dismissed; fees refunded.
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 B.KEMAL PASHA
TUESDAY, THE 24TH DAY OF OCTOBER 2017/2ND KARTHIKA, 1939
RSA.No. 178 of 2016 ()
AGAINST THE JUDGMENT AND DECREE DATED 16-10-2015 IN AS 130/2013 of II ADDITIONAL DISTRICT COURT, KOZHIKODE
AGAINST THE JUDGMENT AND DECREE DATED 04-04-2013 IN OS 33/2009 of SUB COURT, KOYILANDY
APPELLANTS/RESPONDENTS 2 - 4/SUPL.DEFENDANTS 2 - 4:
1. DAMODARAN, AGED 65 YEARS, S/O. VELLAYI, AGRICULTURIST, KAMBRATH KANDY MEETHAL -HOUSE, PANANGAD AMSOM, NIRMALLUR DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT.
2. JANAKI, AGED 59 YEARS, D/O. VELLAYI, SWASTHAM,
KAMBRATH KANDY MEETHAL -HOUSE, PANANGAD AMSOM, NIRMALLUR DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT.
3. DEVI, AGED 56 YEARS, D/O. VELLAYI, AGRICULTURIST, KAMBRATH KANDY MEETHAL -HOUSE, PANANGAD AMSOM, NIRMALLUR DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT.
BY ADVS.SRI.P.R.SREEJITH
SRI.M.PROMODH KUMAR SRI.K.B.SAJEESH SMT.MAYA CHANDRAN
RESPONDENTS/APPELLANT/PLAINTIFF :
KEEZHPUTHALATH GEETHA, AGED 49 YEARS, D/O. KRISHNAN, BUSINESS, NANMINDA AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT - 673 613.
BY ADV. SMT.N.DEEPA
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 24-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/-
B. KEMAL PASHA, J.
................................................................ R.S.A. No. 178 of 2016
............................................................... Dated this the 24th day of October, 2017
J U D G M E N T
The matter involved in this second appeal was referred for Mediation. A successful mediation has been conducted and the parties have entered into a Mediation Settlement Agreement.
In the result, this Second Appeal is disposed of in terms of the Mediation Settlement Agreement, which forms part of the decree. The judgments and decrees in O.S.No.33/2009 as well as A.S.No.130/2013 are set aside,
R.S.A. No.178 of 2016
-: 2 :-
in terms of the Mediation Settlement Agreement. The suit stands dismissed. The entire court fee shall be refunded. All
the interlocutory applications in this appeal are closed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
// true copy //
P.S. to Judge.
DAMODARAN
JANAKI
DEVI
KEEZHPUTHALATH GEETHA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
