IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 1ST DAY OF JUNE 2021 / 11TH JYAISHTA, 1943
RFA NO. 388 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 31.01.2018 IN O.S.NO.8/2011
OF SUB COURT, MAVELIKKARA
APPELLANT/1ST DEFENDANT:
SRUTHI,
AGED 41 YEARS,
D/O. M. JAYALAKSHMI, ANNAPOORNA, KANDIYOOR,
THATTARAMPALAM P.O., MAVELIKKARA - 690 103,
REP. BY HER POWER OF ATTORNEY HOLDER K.N. RAMESH,
AGED 44 YEARS, S/O.LATE K.NANU, KUNIYIL HOUSE,
EAST APPANGAD, NARAKKAL P.O., PIN - 682 505
BY ADVS.
SRI.DINESH R.SHENOY
SRI.EBIN MATHEW
SRI.ROHIT PREMANANDAN SHENOY
RESPONDENT/PLAINTIFF & DEFENDANTS 2 TO 4:
1 B.REVIKUMAR,
S/O.LATE BABUNATHAN, XANADU, NANGYARKULANGARA P.O.,
ALAPPUZHA, REP. BY HIS WIFE AND POWER OF ATTORNEY
HOLDER C.V. SUMA, W/O.B.RAVIKUMAR.
*2 CHANDRA KUMAR,(REMOVED)
S/O.RAMAN PILLAI, JAYA NIVAS, KANDIYOOR MURI,
MAVELIKKARA.
*3 JYOTHILAKSHMI, (REMOVED)
W/O.CHANDRA KUMAR, JAYA NIVAS, KANDIYOOR MURI,
MAVELIKARA.
*4 MINIMOL, (REMOVED)
W/O.UNNIKRISHNAN, KIZHAKKEDATH THEKKETHIL KANDIYOOR
MURI, MAVELIKKARA.
[THE RESPONDENT NOS.2 TO4 ARE REMOVED FROM THE ARRAY OF
RESPONDENTS AT THE RISK OF THE APPELLANT VIDE ORDER
DATED 01/06/2021 IN I.A.NO.2/2021.]
BY ADVS.
SRI.K.SASIKUMAR
SRI.S.ARAVIND
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.F.A.NO.388 OF 2018 2
JUDGMENT
Dated this the 1st day of June, 2021 Respondents 2 to 4 in the appeal are deleted as per order in I.A.No.02 of 2021. The issues involved in O.S.No.08 of 2011 pending on the files of Sub Court, Mavelikkara have been amicably settled among the parties (except respondents 2 to 4) and Memorandum of Agreement incorporating the terms of settlement has been executed. It has been signed by all the necessary parties and the respective counsel. The Memorandum of Agreement is forwarded to this Court by the mediator concerned.
In that event, the appeal is allowed and the decree under challenge is set aside. Order of attachment passed by Sub Court, Mavelikkara in O.S.No.08 of 2011 stands lifted. The Memorandum of Agreement shall form part of the judgment. Full court fee shall be refunded to the appellant.
Sd/-
MARY JOSEPH JUDGE NAB