Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Baby Vs Thomas — Kerala HC (2025) — LawSathi Research

Home
Kerala HC
2025
Baby Vs ThomasBaby v. Thomas

Dismissed¶63

Baby v. Thomas

Kerala HC8 Apr 2025Mat.Appeal/254/2013

Case brief

AI extract

What is this about?

Kerala HC (Ernakulam), MAT.APPEAL NOS.250 & 254 OF 2013; impugned: orders dated 11.02.2013 in OP No.118 of 2012 and 11/2/2013 in OP No.116 of 2012, Family Court, Irinjalakuda; disposal: dismissed as withdrawn (08.04.2025) on memo reporting settlement during execution proceedings; settlement Condition No.(4): withdrawal of Mat.Appeals 250/2013, 252/2013 & 254/2013; MA 252/2013 previously dismissed as abated; legal representatives impleaded — Jineesh Thomas (Additional appellant, order dated 17.10.2019 in IA 1/2019 for MA 250/2013; order dated 23rd January, 2023 in IA 1 of 2019 for MA 254/2013) and Joshy Thomas (Additional respondent, IA 3/2019); original parties: Baby (deceased appellant) and Thomas (deceased respondent); advocates: Sri.T.N.Manoj (appellants), Sri.G.Sreekumar Chelur (respondents); bench: Sathish Ninan, J. (author) & Shoba Annamma Eapen, J.; no statutes cited, no precedents cited, no monetary quantum.

What did the court decide?

In view of the settlement arrived at between the parties during execution proceedings (Condition No.(4) of the settlement agreement providing for withdrawal of Mat. Appeals Nos. 250/2013, 252/2013 & 254/2013, with Mat. Appeal No. 252/2013 already dismissed as abated), the Court dismissed Mat. Appeals Nos. 250/2013 & 254/2013 as withdrawn. ¶63

What the court decided

AI extract

Outcome

Dismissed

Ratio / Principle

In view of the settlement arrived at between the parties during execution proceedings (Condition No.(4) of the settlement agreement providing for withdrawal of Mat. Appeals Nos. 250/2013, 252/2013 & 254/2013, with Mat. Appeal No. 252/2013 already dismissed as abated), the Court dismissed Mat. Appeals Nos. 250/2013 & 254/2013 as withdrawn.

Detailed headnote1 paragraphs

Matrimonial Appeals Nos. 250 & 254 of 2013, High Court of Kerala at Ernakulam (against orders dated 11.02.2013 in O.P. Nos. 118 & 116 of 2012 of the Family Court, Irinjalakuda) — Sathish Ninan & Shoba Annamma Eapen, JJ.: Counsel for the respondents filed a memo pointing out that the disputes between the parties had been settled during the course of execution proceedings, and produced the settlement agreement, Condition No.(4) whereof stipulated that Mat. Appeals Nos. 250/2013, 252/2013 & 254/2013 pending before the Court would be withdrawn (Mat. Appeal No. 252/2013 having already been dismissed as abated). In the light thereof, the Court dismissed Mat. Appeals Nos. 250/2013 & 254/2013 as withdrawn. Judgment dated 08.04.2025, authored by Sathish Ninan, J.; no substantive issue adjudicated, no statute or precedent engaged.

A

2025:KER:31754

1

MAT.APPEAL NOS.250 & 254 OF 2013

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SATHISH NINAN

&

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

TUESDAY, THE 8^TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947

MAT.APPEAL NO. 250 OF 2013

AGAINST THE ORDER DATED 11.02.2013 IN OP NO.118 OF 2012 OF

FAMILY COURT, IRINJALAKUDA

APPELLANT/PETITIONER:

1 BABY [DIED] AGED 53 YEARS

W/O.THOMAS, POZHOLIPARAMBIL, MADAYAIKONAM VILLAGE, THALIYAKONAM DESOM, MUDUNDAPURAM TALUK.

2 ADDL.A2. JINEESH THOMAS,

AGED 35, S/O.LATE THOMAS, RESIDING AT POZHOLIPARAMBIL HOUSE, MADIYAKONAM VILLAGE, NOW RESIDING AT KUTTUR VILLAGE, TRISSUR TALUK AND DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, NEETHU JINEESH, W/O.JINEESH THOMAS, AGED 33, RESIDING AT POZHOLIPARAMBIL HOUSE, KUTTUR VILLAGE, TRISUR TALUK AND DISTRICT. THE LEGAL REPRESENTATIVE OF DECEASED SOLE APPELLANT(PETITIONER IN IA 1/2019) IS IMPLEADED AS ADDITIONAL APPELLANT 2, AS PER ORDER DATED 17.10.2019 IN IA 1/2019 IN MAT.APPEAL 250/2013.

BY ADV SRI.T.N.MANOJ

RESPONDENT/RESPONDENT:

1 THOMAS S/O POZHOLIPARAMBIL ANTHONY, MADAYAIKONAM VILLAGE, THALIYAKONAM DESOM,MUKUNDAPURAM TALUK. 686502. (DIED)

2025:KER:31754

2

MAT.APPEAL NOS.250 & 254 OF 2013

2 ADDL.R2.JOSHY THOMAS, S/O.LATE THOMAS, RESIDING AT POZHOLIPARAMBIL HOUSE, MAPRANAM VILLAGE, MADAYIKONAM.P.O.- 680 712. ADDL R2 IS IMPLEADED AS THE LRS OF DECEASED SOLE RESPONDENT AS PER ORDER DATED 23.01.2020 IN IA 3/2019.

BY ADV SRI.G.SREEKUMAR CHELUR

THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON 08.04.2025, ALONG WITH Mat.Appeal.254/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

3

2025:KER:31754

MAT.APPEAL NOS.250 & 254 OF 2013

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SATHISH NINAN

&

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

TUESDAY, THE 8^TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947

MAT.APPEAL NO. 254 OF 2013

AGAINST THE ORDER DATED 11/2/2013 IN OP NO.116 OF 2012 OF

FAMILY COURT, IRINJALAKUDA

APPELLANT/RESPONDENT:

1 BABY [DIED] W/O.THOMAS, POZHOLIPARAMBIL, MADAYAIKONAM VILLAGE, THALIYAKONAM DESOM, MUKUNDAPURAM TALUK.

2 ADDL. A2.SRI.JINEESH THOMAS, AGED 35, S/O.LATE THOMAS, RESIDING AT POZHOLIPARAMBIL HOUSE, MADIYAKONAM VILLAGE, NOW RESIDING AT KUTTUR VILLAGE, TRISSUR TALUK AND DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, NEETHU JINEESH, W/O.JINEESH THOMAS, AGED 33, RESIDING AT POZHOLIPARAMBIL HOUSE, KUTTUR VILLAGE, TRISUR TALUK AND DISTRICT. THE LEGAL HEIR OF THE DECEASED APPELLANT IS IMPLEADED AS ADDITIONAL 2ND APPELLANT AS PER ORDER DATED 23RD JANUARY, 2023 IN IA 1 OF 2019 IN MAT.APPEAL 254/13.

BY ADV SRI.T.N.MANOJ

RESPONDENT/PETITIONER:

1 THOMAS

S/O.POZHOLIPARAMBIL ANTHONY, MADAYAIKONAM VILLAGE, THALIYAKONAM DESOM, MUKUNDAPURAM TALUK 686 502. [DIED]

2025:KER:31754

4

MAT.APPEAL NOS.250 & 254 OF 2013

2 ADDL.R2.JOSHY THOMAS, S/O.THOMAS, S/O.LATE THOMAS, RESIDING AT POZHOLIPARAMBIL HOUSE, MAPRANAM VILLAGE, MADAYIKONAM.P.O.- 680712.(LEGAL REPRESENTATIVE OF THE DECEASED RESPONDENT IS IMPLEADED AS ADDITIONAL 2ND RESPONDENT AS PER ORDER DATED 23RD JANUARY 2023, IN IA 3/2019 IN MAT.APPEAL 254 /2013.

BY ADV SRI.G.SREEKUMAR CHELUR

THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON 08.04.2025, ALONG WITH Mat.Appeal.250/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

5

MAT.APPEAL NOS.250 & 254 OF 2013

2025:KER:31754

Sathish Ninan, &

Shoba Annamma Eapen, JJ.

============================== Matrimonial Appeal Nos.250 & 254 of 2013

=========================================

Dated this the 8^th day of April, 2025

JUDGMENT

Sathish Ninan, J.

A memo has been filed by the counsel appearing for respondents pointing out that the disputes between the parties have been settled during the course of Execution Proceedings. A copy of the settlement agreement has been produced before this Court. Condition No.(4) is to the effect that MAT Appeal Nos.250/2013, 252/2013 & 254/2013 pending before this Court will be withdrawn. MAT Appeal No.252/2013 was already dismissed as abated.

In the light thereof, MAT Appeal Nos.250/2013 & 254/2013 are dismissed as withdrawn.

Sd/Shoba Annamma Eapen, Judge

rsr

Procedural history

How this case reached the court

AI extract

Order under challenge
Orders dated 11.02.2013 in O.P. No.118 of 2012 (under challenge in Mat.Appeal No.250 of 2013) and dated 11/2/2013 in O.P. No.116 of 2012 (under challenge in Mat.Appeal No.254 of 2013) passed by the Family Court, Irinjalakuda.¶11
FAMILY COURT, IRINJALAKUDA · 11.02.2013
Prior proceeding
Legal representative of deceased sole appellant impleaded as Additional Appellant 2 in Mat.Appeal 250/2013 by order dated 17.10.2019 in IA 1/2019.¶17
Prior proceeding
Legal representative of deceased sole respondent impleaded as Additional Respondent 2 in Mat.Appeal 250/2013 by order dated 23.01.2020 in IA 3/2019.¶24
Prior proceeding
Legal heir of deceased appellant impleaded as Additional 2nd Appellant in Mat.Appeal 254/2013 by order dated 23rd January, 2023 (as printed) in IA 1 of 2019.¶41
Prior proceeding
Legal representative of deceased respondent impleaded as Additional 2nd Respondent in Mat.Appeal 254/2013 by order dated 23rd January 2023 (as printed) in IA 3/2019.¶49
Prior proceeding
Counsel for respondents filed a memo stating the disputes between the parties were settled during execution proceedings and produced the settlement agreement, Condition No.(4) whereof provided that Mat. Appeals Nos. 250/2013, 252/2013 & 254/2013 pending before this Court would be withdrawn; Mat. Appeal No. 252/2013 already stood dismissed as abated.¶62
Prior proceeding
Appeals heard together on 08.04.2025 along with the connected Mat.Appeal and judgment delivered the same day.¶26

Parties & counsel

AI extract

appellant
Baby¶14
SRI.T.N.MANOJ
appellant
Jineesh Thomas¶41
SRI.T.N.MANOJ
respondent
Thomas¶20
SRI.G.SREEKUMAR CHELUR
respondent
Joshy Thomas¶24
SRI.G.SREEKUMAR CHELUR

Coram

AI extract

Sathish Ninanauthor¶61
Shoba Annamma Eapenmember¶34

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 8 Apr 2025 · April
Registered: 2 Apr 2013
Case no.: Mat.Appeal/254/2013
CNR: KLHC010273022013
Bench: Sathish Ninan Shoba Annamma Eapen
Disposal: DISPOSED OF
Case type: MAT.APPEAL

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from Sathish Ninan Shoba Annamma Eapen

**Padanilam Higher Secondary School Vs Holi Bhadrakali (Idol) of Muthukattukara Bhagavathi Temple
7 Apr 2025
Cholamandalam Investement Compnay and Finance Co. Ltd. Vs K.Ramakrishnan
7 Apr 2025
Anitha B.V. Vs Sai Raj
4 Apr 2025
Nirmala Cheriyan Vs Sunil
8 Apr 2025
Baby Vs Thomas
8 Apr 2025
State of Kerala Vs M.Alavikutty Alias Babu
8 Apr 2025

Cite this judgement

Baby v. Thomas, Mat.Appeal/254/2013 (KL), decided on 8 April 2025.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history7

Orders dated 11.02.2013 in O.P. No.118 of 2012 (under challenge in Mat.Appeal No.250 of 2013) and dated 11/2/2013 in O.P. No.116 of 2012 (under challenge in Mat.Appeal No.254 of 2013) passed by the Family Court, Irinjalakuda.FAMILY COURT, IRINJALAKUDA · 11.02.2013
Legal representative of deceased sole appellant impleaded as Additional Appellant 2 in Mat.Appeal 250/2013 by order dated 17.10.2019 in IA 1/2019.
Legal representative of deceased sole respondent impleaded as Additional Respondent 2 in Mat.Appeal 250/2013 by order dated 23.01.2020 in IA 3/2019.

View full history

Bench / Coram

Sathish Ninan and Shoba Annamma Eapen

Parties & counsel