Muhammad vs Marakkarukutty
2021 Latest Caselaw 11862 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

          THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                    RSA.No.943 OF 2017

   AGAINST THE JUDGMENT AND DECREE IN AS 60/2004 DATED
     19-07-2017 OF ADDITIONAL DISTRICT COURT, TIRUR

  AGAINST THE JUDGMENT AND DECREE IN OS 104/1999 DATED
             20-01-2004 OF SUB COURT, TIRUR

APPELLANTS/APPELLANTS/DEFENDANTS:
      1    MUHAMMAD,
           AGED 64 YEARS,
           S/O KUNHALI, RESIDING AT KOLLARUTHODI
           VELLARIKKAL, MOONAMKANDY HOUSE, PALLIKKAL,
           MALAPPURAM DISTRICT, PIN-673 634


     2     PATHUMMU, AGED 59 YEARS, W/O MUHAMMAD,
           RESIDING AT KOLLARUTHODI VELLARIKKAL,
           MOONAMKANDY HOUSE, PALLIKKAL, TIRURANGADI
           TALUK, MALAPPURAM DISTRICT, PIN -673 634.
           BY ADVS.
           SRI.J.R.PREM NAVAZ
           SRI.N.KRISHNA PRASAD
           SRI.P.T.SHEEJISH
RESPONDENT/RESPONDENT/RESPONDENT:

           MARAKKARUKUTTY, AGED 55 YEARS, S/O
           VAYALILAKATH HOUSE, PALLIKKAL AMSOM DESOM,
           TIRURANGADI TALUK, MALAPPURAM DISTRICT,
           PIN - 673 634


           R1 BY ADV. SMT.MAYA CHANDRAN
           R1 BY ADV. SRI.M.PROMODH KUMAR

     THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 RSA.No.943 OF 2017


                              ..2..


                   N. ANIL KUMAR, J.
           -------------------------------------------
                  R.S.A.No.943 of 2017
          ---------------------------------------------
         Dated this the 9th day of April, 2021

                        JUDGMENT

The appellants are the defendants in the original suit

filed seeking specific performance of an agreement. The

respondent herein was the plaintiff. The Trial Court

decreed the suit with costs and directed the appellants to

execute and register the sale deed of the plaint schedule

properties in favour of the respondent/plaintiff. The

appellants carried the matter in appeal. The appeal was

dismissed confirming the judgment and decree of the trial

court. Hence this second appeal.

During the pendency of the appeal, the case was

referred to mediation. Consequent to the mediation, the

parties agreed to settle the issues involved in the appeal

in accordance with the memorandum of agreement under

Section 89 of the Code of Civil Procedure read with RSA.No.943 OF 2017

..3..

Section 24 and 25 of the Kerala Civil Procedure

(Mediation) Rules, 2008. The terms of the agreement are

in accordance with law and can be accepted.

In the result, this RSA stands disposed of in terms of

the agreement. The terms of the agreement will form

part of the decree. The RSA stands disposed of

accordingly.

Pending applications, if any, stand dismissed.

Sd/-

N. ANIL KUMAR, JUDGE kkj