Thankamony Elizebeth Paulose vs Moly Paulose

Citation : 2022 Latest Caselaw 8253 Ker
Judgement Date : 1 July, 2022

Kerala High Court
Thankamony Elizebeth Paulose vs Moly Paulose on 1 July, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         FRIDAY, THE 1st DAY OF JULY 2022 / 10TH ASHADHA, 1944
                          RFA NO. 550 OF 2016 (E)
 AGAINST THE JUDGMENT & DECREE DATED 30.01.2016 IN OS No.953/2010 OF
                 III ADDITIONAL SUB COURT, ERNAKULAM
APPELLANTS/DEFENDANTS:

     1     THANKAMONY ELIZEBETH PAULOSE, AGED 70 YEARS,
           W/o P.K.POULOSE, APURVASREE APARTMENT, FLAT 3A, No.4,
           THIRD CROSS BHOOPASANDRA MAIN ROAD,
           NEAR VIDHYANAGAR SCHOOL, SANJAY NAGAR, BANGALORE-560 094

     2     NIRMALA VARGHESE, AGED 65, W/o K.K.VARGHESE,
           134, KUMARANASAN NAGAR, KADAVANTHRA,
           KANAYANNUR TALUK, COCHIN-682 020

     3     KUNJAMMA ABRAHAM, AGED 60, W/o ABRAHAM PAUL MATHEWS,
           XXXVI/904, INDIRA NAGAR, KANAYANNUR TALUK, KOCHI-682 017

           BY ADVS. P.VISWANATHAN (SR.)
                    PRAMOD KOCHUTHOMMEN.E.
                    SHIBU JOSEPH
                    SUNIL N.SHENOI


RESPONDENTS/PLAINTIFFS:

     1     MOLY PAULOSE, AGED 60, W/o LATE JOHN PAUL, (T.J.POULOSE),
           RESIDING AT THUKALAN HOUSE, KANDANADU MURIYIL,
           KANDANADU P.O., THIRUVANKULAM (VIA), MANAKUNNAM VILLAGE,
           KANAYANNUR TALUK, ERNAKULAM DISTRICT, NOW RESIDING AT 320
           MAIN STREET, NEW MILFORD, NEW JERSEY 07646, U.S.A.

     2     JOHN POULOSE, AGED 32, S/o LATE JOHN PAUL,(T.J.POULOSE),
           RESIDING AT THUKALAN HOUSE, KANDANADU MURIYIL,
           KANDANADU P.O., THIRUVANKULAM (VIA), MANAKUNNAM VILLAGE,
           KANAYANNUR TALUK, ERNAKULAM DISTRICT, NOW RESIDING AT 320
           MAIN STREET, NEW MILFORD, NEW JERSEY 07646, U.S.A.

     3     MINU POULOSE, AGED 34, D/o LATE JOHN PAUL,(T.J.POULOSE),
           RESIDING AT THUKALAN HOUSE, KANDANADU MURIYIL,
           KANDANADU P.O., THIRUVANKULAM (VIA), MANAKUNNAM VILLAGE,
 RFA No.550 of 2016                   2

              KANAYANNUR TALUK, ERNAKULAM DISTRICT, NOW RESIDING AT 320
              MAIN STREET, NEW MILFORD, NEW JERSEY 07646, U.S.A.

      4       MERIN JOSEPH, AGED 39, D/O. LATE JOHN PAUL,(T.J.POULOSE),
              RESIDING AT THUKALAN HOUSE, KANDANADU MURIYIL,
              KANDANADU P.O., THIRUVANKULAM (VIA), MANAKUNNAM VILLAGE,
              KANAYANNUR TALUK, ERNAKULAM DISTRICT, NOW RESIDING AT 320
              MAIN STREET, NEW MILFORD, NEW JERSEY 07646, U.S.A.

              R1 TO R4 BY ADVS. S.SREEKUMAR (SR.)
                                P.MARTIN JOSE
                                P.PRIJITH
                                THOMAS P.KURUVILLA
                                R.GITHESH
                                ANNA LINDA V.J
                                MANJUNATH MENON
                                HARIKRISHNAN S.




      THIS    REGULAR   FIRST   APPEAL   HAVING   COME   UP   FOR   HEARING   ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RFA No.550 of 2016            3



                           JUDGMENT

The matter is settled out of court and the mediation report is received. As such, the appeal is disposed of in terms of the settlement arrived at by the parties. The memorandum of settlement arrived at by the parties will form part of the judgment and decree. Refund the entire court fee paid, to the appellants under Section 69A of the Kerala Court Fees and Suits Valuation Act, 1963.

Sd/-

P.SOMARAJAN JUDGE DMR/-