Regular Second Appeal settled by mediation before judgment. The court accepted the memorandum of agreement reached in mediation and disposed of the appeal in accordance with its terms, ordering refund of the entire court fee to the appellant.
Appeal disposed per memorandum of agreement; entire court fee refunded to appellant.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
RSA NO. 230 OF 2013
AGAINST THE DECREE/JUDGMENT DATED 06.10.2012 IN AS NO.64 OF 2009
OF ADDITIONAL DISTRICT COURT (SPECIAL COURT), KOTTAYAM / ARISING
OUT OF THE DECREE/JUDGMENT DATED 09.12.2008 IN OS NO.217 OF 2007
OF PRINCIPAL MUNSIFF COURT , KOTTAYAM
APPELLANTS:
1 C.C.GEORGE, (DIED) (LHRS IMPLEADED) AGED 70 YEARS S/O.C.V.CHACKO, RESIDING AT CHERUKUNNEL HOUSE, KUZHIPURAYIDAM KARA, MANARCADU VILLAGE, MANARCADU P.O., PIN-686019.2 ADDL.P.C.SARAMMA AGED 78 YEARS W/O.LATE C.C. GEORGE, CHERUKUNNELTHAZHE, MANARCADU P.O., KOTTAYAM DISTRICT,PIN-686 019.3 ADDL.JAMES C.GEORGE,(RECORDED AS POWER OF ATTORNEY HOLDER ON BEHALF OF ADDL.A1,A4 AND A5) AGED 49 YEARS S/O.LATE C.C. GEORGE, CHERUKUNNELTHAZHE, MANARCADU P.O., KOTTAYAM DISTRICT,PIN-686 019. (IT IS RECORDED THAT ADDITIONAL APPELLANTS 2,4 AND 5 ARE REPRESENTED BY THE POWER OF ATTORNEY HOLDER, ADDITIONAL APPELLANT 3, AS PER ORDER DATED 04.04.2024)4 ADDL.JACOB C.GEORGE, AGED 46 YEARS S/O.LATE C.C. GEORGE, CHERUKUNNELTHAZHE, MANARCADU P.O., KOTTAYAM DISTRICT,PIN-686 019.5ADDL.VARGHESE C.GEORGE,
AGED 43 YEARS
S/O.LATE C.C. GEORGE, CHERUKUNNELTHAZHE, MANARCADU
P.O., KOTTAYAM DISTRICT,PIN-686 019. (THE LEGAL HEIRS
OF THE DECEASED SOLE APPELLANT ARE IMPLEADED AS
ADDITIONAL APPELLANTS 2 TO 5 AS PER ORDER DATED
25.01.2021 IN IA.1/2021.)
BY ADVS.
S.VINOD BHAT
SRI.LEGITH T.KOTTAKKAL ADDL.
KUM.ANAGHA LAKSHMY RAMAN A2-A5
SMT.GREESHMA CHANDRIKA.R
RSA NO. 230 OF 2013
2
RESPONDENT:
THOMAS ZACHARIA
S/O.ZACHARIA, RESIDING AT CHEMMATHU HOUSE,
KUZHIPURAYIDAM KARA, MANARCADU VILLAGE, KOTTAYAM
TALUK, MANARCADU P.O.-686019.
BY ADV SRI.ABRAHAM GEORGE JACOB
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RSA NO. 230 OF 2013
3
JUDGMENT
The matter has been settled in mediation. Memorandum of agreement arrived at in the mediation is accepted. The appeal is disposed of as per the terms of the memorandum of agreement. The memorandum of agreement will form part of this judgment. Refund the entire court fee to the appellant.
sd/-
C.PRATHEEP KUMAR
JUDGE
Nsd
1 issue framed by the court
Whether the second appeal could be settled amicably through mediation between the parties.
C.C.George (deceased, LHRs impleaded as Addl.App.2-5)
Thomas Zacharia
C.PRATHEEP KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court