This appeal was disposed of based on a settlement agreement recorded in a Memorandum of Agreement under Section 89 of the CPC, signed by parties and counsel, resolving the disputes between them.
The appeal was disposed of in terms of the Memorandum of Agreement; registry directed to refund court fee.
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 DEVAN RAMACHANDRAN
TUESDAY, THE 07TH DAY OF JANUARY 2020 / 17TH POUSHA, 1941
RFA.No.162 OF 2019
AGAINST THE JUDGMENT IN OS 3/2017 DATED 30-11-2018
OF SUB COURT, VADAKARA
APPELLANT/DEFENDANT:
ASHOK KUMAR K.M., AGED 48 YEARS S/O. THARA CHENTHAKALA, THAZHE PULIKKOOL HOUSE, VATAKARA AMSOM DESOM, VATAKARA, KOZHIKODE 673 101.
BY ADVS. SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.MANU VYASAN PETER
RESPONDENT:
THAZHE VADAKKEDATH ANDRU @ ABDURAHIMAN, AGED 62 YEARS, S/O. AMMAD, CHEMMARATHUR AMSOM, ARYANNUR DESOM, VATAKARA, KOZHIKODE 673 104.
SMT.DEEPA NARAYANAN SMT.PREETHI. P.V. SRI.M.V.BALAGOPAL
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 07.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA.No.162 OF 2019
2
JUDGMENT
Sri.P.B.Krishnan and Smt.Deepa Narayanan, learned counsel for the parties are ad idem that the issues between the parties have already been settled under the aegis of a mediation done by the Ernakulam Mediation Centre (High Court) and that a Memorandum of Agreement under Section 89 of the Code of Civil Procedure has been placed on record by the learned Mediator.
In the afore circumstances, this appeal is disposed of in terms of the Memorandum of Agreement appended to this judgment and the parties are at liberty to approach the court below for lifting of the attachment in terms of the said agreement.
RFA.No.162 OF 2019
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Since this appeal is disposed in terms of the agreement between the parties, the Registry is directed to refund the court fee paid on the Memorandum of Appeal to the appellant.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Stu
ASHOK KUMAR K.M.
THAZHE VADAKKEDATH ANDRU @ ABDURAHIMAN
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
