Shanthan vs Resmi U

Citation : 2022 Latest Caselaw 7220 Ker
Judgement Date : 23 June, 2022

Kerala High Court
Shanthan vs Resmi U on 23 June, 2022
THURSDAY, THE 23"° pay OF JUNE 2022 / 2ND ASHADHA, 1944

AGAINST THE ORDER/ JUDGMENT IN OP 231/2016 OF FAMILY COURT,

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

MAT.APPEAL NO. 118 OF 2019

ALAPPUZHA

APPELLANTS/RESPONDENTS 1 & 2:

1

SHANTHAN, AGED 71 YEARS,
S/O.KRISHNAN, HOUSE NO.11/252,
THENAMPURATHU, PONNADU P.O.,
MANNANCHERRY VILLAGE,
ALAPPUZHA-688 538.

ANEESH BABU, AGED 37 YEARS,
$/O.SHANTHAN, HOUSE NO.11/252,
THENAMPURATHU, PONNADU P.O.,
MANNANCHERRY VILLAGE,
ALAPPUZHA-688 538.

BY ADV R.AZAD BABU

RESPONDENT/S:

THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON

23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE

RESMI U., AGED 34 YEARS,

W/O.SURESH BABU, HOUSE, NO 111/606, (IV/3€),
THENAMPURATH, PONNADU P.O.,

MANNANCHERRY VILLAGE, ALAPPUZHA-688 538

PRESENT ADDRESS:

KIZHAKKE VELIYATHAZHOM,
NEAR KURAVANTHOSU VANDANAM P.O.,
ALAPPUZHA-688 005.

BY ADVS.

SRI.S.SANAL KUMAR
SMT.BHAVANA VELAYUDHAN
SMT .T.J.SEEMA

FOLLOWING:
 

MAT.APPEAL No.118/2019 2

JUDGMENT

Sophy Thomas, J.

This appeal has been preferred by the respondents in O0.P.No.231/2016 on the file of the Family Court, Alappuzha. Pending appeal, the parties were referred for mediation. The parties settled their disputes amicably. The settlement agreement is on board along with the report of the mediator. The settlement agreement is recorded and the appeal is disposed of in terms of the settlement. The settlement agreement shall form part of the judgment.

Sd/-

A.MOHAMED MUSTAQUE JUDGE Sd/-

SOPHY THOMAS JUDGE In BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Mat.Appeal_No.118/2019 Shanthan & Another ; Appellants Vs.

Resmi U ; Respondent MEMORANDRUM OF _ SETTLEMENT FILED UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:

The appellant and respondent in the above case is present before the mediator and entered into the following agreement.

1. The respondent agrees that she Ras relinquishes the claim of an amount of Rs.1,00,000/- (Rupees One Lakh only) ordered by the Family Court, Alappuzha in OP.No.231/2016 dated 07/12/2018.

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2. The Appellants agree that they have no objection for continuing the conditional prohibitory injunction from trespassing into the schedule property and causing any kind of nuisance to the peaceful occupation and enjoyment of the property by the respondent herein and her family.

3. The 1* appellant hereby agrees that he would not pursue the petition No.KDS-1791/18/E filed before the maintenance Tribunal Alappuzha seeking to set aside the settlement deed No.3660/2014 of SRO, Mararikulam and relinquish all claims right or interest over the property covered by the settlement deed No. 3660/2014 of SRO, Mararikulam.

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4. On the basis of the above conditions the Appellants agree to withdraw the above appeal and the parties agree to bear their respective cost.

Dated this the 3° day of June, 2022.

Appellants Respondent

1. Shanthan ey

2. Aneesh Babu 4 0 Nee Counsel for the Appellants Counsel the Respondent A, AAD BABU S. Say Kummer:

Kerala Siaie Mediation and Conciliation Centre High Court of Kerala Kochi - 682 031