The Kerala High Court disposed of a matrimonial appeal filed for recovery of gold ornaments, which was already settled via mediation. The judgment records the mediation report and memorandum of agreement dated 21.10.2022, executed under Section 89 CrPC.
The appeal disposed of in terms of the terms and conditions in the memorandum of agreement dated 21.10.2022.
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 ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 3RD DAY OF NOVEMBER 2022/12TH KARTHIKA, 1944
MAT.APPEAL NO.240 OF 2022
AGAINST THE JUDGMENT DATED 31.08.2021 IN O.P.NO.517 OF 2019 OF THE FAMILY COURT, MALAPPURAM
APPELLANT/REPONDENT NO.1:
T.P. VINOD, AGED 54 YEARS, S/O. LATE T.P.APPUNNY, RESIDING AT THEKKEPURAKKAL HOUSE, BABY NIVAS, KOLATHARA POST, CHERUVANNUR, NALLALAM VILLAGE, KOZHIKODE DISTRICT
BY ADV A.DINESH RAO
RESPONDENTS/PETITIONER/RESPONDENT NO.2:
BY ADVS.P.K.MOHAMED JAMEEL JAGAN ABRAHAM M.GEORGE
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Mat.Appeal No.240 of 2022
JUDGMENT
Anil K. Narendran, J.
The appellant is the 1st respondent in O.P.No.517 of 2019 on the file of the Family Court, Malappuram, a petition filed by the 1st respondent herein for recovery of gold ornaments. The said original petition was decreed against the appellant by the judgment and decree dated 31.08.2021. Feeling aggrieved, the appellant is before this Court, invoking the provisions under Section 19(1) of the Family Courts Act, 1984.
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Mat.Appeal No.240 of 2022
before the Mediation Centre on 01.07.2022 at 10.30 a.m.
consideration, the report dated 21.10.2022 of the Mediator is placed on record, along with the memorandum of agreement dated 21.10.2022 executed under Section 89 of the Code of Civil Procedure, 1908, read with Rules 24 and 25 of the Kerala Civil Procedure (Alternative Dispute Resolution), Rules, 2008.
6 . The learned counsel on both sides would submit that
since the disputes have already been settled between the parties in mediation, this appeal can be disposed of in terms of the terms and conditions in the memorandum of agreement dated 21.10.2022.
In such circumstances, this appeal is disposed of in terms of the terms and conditions in the memorandum of agreement dated 21.10.2022, which shall form part of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/4/11
2 issues framed by the court
Whether the matrimonial appeal can be disposed of based on the mediation settlement agreement.
Validity of terminating pending appeal upon successful conclusion of mediation and filing of memorandum of agreement.
3 provisions across 3 enactments
T.P. Vinod
1 P.S. Sindu
Narayankutty
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Anil K. Narendran and P.G. Ajithkumar
Parties & counsel
