Regular first appeal over a dispute involving specific performance was settled through mediation; judgment and decree under challenge were set aside and the appeal disposed of in terms of the settlement agreement.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946
RFA NO. 444 OF 2013
[AGAINST JUDGMENT AND DECREE DTD.4.3.2013 IN OS NO.24 OF 2010 OF SUBORDINATE JUDGES COURT, VATAKARA[
APPELLANTS/DEFENDANTS IN O.S.NO.24/2010:
1 NELLIYULLATHIL ALI @ EDATHIL MUHAMMADALI S/O. MOOSSA,AGED 45 YEARS,NELLIYULLATHIL HOUSE,VELOM AMSOM,CHERUKUNNU DESOM,POST VELOM,VATAKARA TALUK,KOZHIKODE DISTRICT,KERALA STATE.
2 THAYYIL ABDULLA, S/O. MOIDEEN, AGED 85 YEARS, THAYYIL HOUSE,
KADAMERI AMSOM,ELAYADOM DESOM,POST KADAMERI, VATAKARA TALUK,KOZHIKODE DISTRICT,KERALA STATE.
BY ADVS. SMT.SEEMA REEHA KHADER K ANJALY JIMMICHAN(K/1804/2021) BELKEES K.V.(K/2317/2022)
RESPONDENT/PLAINTIFF IN O.S.:
ABDUMUSALIAR, PANNIVAYALIL HOUSE, KUTTIADY AMSOM, OORATH DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE.
BY ADVS. SRI.K.M.FIROZ SRI.S.KANNAN SMT.M.SHAJNA
THIS REGULAR FIRST APPEAL HAVING BEEN COME UP FOR HEARING ON 08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.F.A.NO.444 OF 2013
:-2-:
J U D G M E N T
The parties have settled their disputes in
mediation. They have entered into a memorandum of agreement incorporating the terms of settlement. The decree and judgment impugned in this appeal is set aside
and the appeal is disposed of in terms of the settlement.
The memorandum of agreement dated 09.09.2023 shall form part of this judgment. The court fee paid on
the memorandum of appeal shall be refunded to the appellant.
All pending interlocutory applications are
closed.
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
MBS/
•J
KOZHIKODH MEDIATION CHNTER
MEMORANDUM OF AGREF,MENT UNDER SECTION 89 0F CIVIL PROCEDURE CODE READ WITH RULE 24 0F THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION) RULES 2008.
BEFORE THE HON'BLE HIGH COURT OF KERALA RFA No.444/2013
in
O.S. No.24/2019
Between
Nelliyullathil Ali @
Edathil Mohammedali and another AppellantDefendant
Abdu Musaliar RespondenVI?1aintiff
The parties above named beg to submit as follows:-
The above said case was referred to Mediation for resolving the dispute between the parties by the Hon'ble High Court of Kerala while hearing RFA No.444/2013. In the course of mediation, they have solved their dispute and have agreed to the following terms and conditions.
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In view of the aforesaid agreement entered into between the parties, the parties pray that the suit be disposed off in the terms of the aforesaid agreement.
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In view of the aforesaid agreement the, plaintiff pray for refund of the court fee paid u/s (:t9 (A) of KCF & SV Act, and t]`ie deposits made in lieu of the decree rta!5sed.
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AppGll`mt Adv{>cate for Respondent
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We, the parties atjt)ve named, do hereby solemnl,y state and declare that what is contaii.led in the abov{3 said agreement are true to the best of our knowledge, i]iformatjon am.I belief.
Place : Kozhikodt„i
Date : 09.09.20:2h},
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1 provisions across 1 enactments
Nelliyullathil Ali @ Edathil Muhammadali
Thayyil Abdulla
Abdumusaliar
Shobha Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
