Chandran,(Died)(Impleaded A2 To ... vs Premavathy
2021 Latest Caselaw 16731 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
  WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA,
                          1943
                  RSA NO. 1245 OF 2019
  AS NOS. 46/2014 & 17/2015 OF SUB COURT, IRINJALAKUDA
   OS 204/2012 OF MUNSIFF COURT, KODUNGALLUR, THRISSUR


APPELLANT/S:

    1    CHANDRAN,(DIED)(IMPLEADED A2 TO A4)
         AGED 71 YEARS
         S/O THEKKOTT KUNJANDI, EDAVILANGU VILLAGE,
         KODUNGALLUR TALUK, THRISSUR DT. PIN- 680 671.

    2    VALSALA
         AGED 66 YEARS
         W/O.LATE THEKKOTT CHANDRAN,EDAVILANGU VILLAGE,
         KODUNGALLUR TALUK, THRISSUR DT. PIN- 680 671.

    3    PRADEEP KUMAR
         AGED 45 YEARS
         S/O.LATE THEKKOTT CHANDRAN,EDAVILANGU VILLAGE,
         KODUNGALLUR TALUK, THRISSUR DT. PIN- 680 671.

    4    DEEPA
         AGED 42 YEARS
         D/O.LATE THEKKOTT CHANDRAN,EDAVILANGU VILLAGE,
         KODUNGALLUR TALUK, THRISSUR DT. PIN- 680 671.

         (LEGAL REPRESENTATIVES OF DECEASED SOLE
         APPELLANT IS IMPLEADED AS ADDL.A2 TO A4 AS PER
         ORDER DATED 15.07.2021 IN IA.1/2021)

         BY ADV A.G.VISWAMBHARAN
 RSA NO. 1245 OF 2019

                                   ..2..


RESPONDENT/S:

    1          PREMAVATHY,
               AGED 62 YEARS
               W/O. KAITHAVALAPPIL DIVAKARAN, EDAVILANGU
               VILLAGE KODUNGALLUR TALUK, THRISSUR DISRICT,
               PIN- 680 671.

    2          DEEPA,
               AGED 40 YEARS, D/O. KAITHAVALAPPIL DIVAKARAN,
               EDAVILANGU VILLAGE, KODUNGALLUR TALUK, THRISSUR
               DISRICT, PIN- 680 671.

    3          DIJEESH,
               AGED 35 YEARS, S/O. KAITHAVALAPPIL DIVAKARAN,
               EDAVILANGU VILLAGE, KODUNGALLUR TALUK, THRISSUR
               DISRICT, PIN- 680 671.

            BY ADV SRI.K.A.NOUSHAD




        THIS    REGULAR   SECOND    APPEAL    HAVING    COME    UP    FOR
ADMISSION       ON   11.08.2021,    THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 RSA NO. 1245 OF 2019

                                ..3..




                              JUDGMENT

This RSA is against the judgment and decree dated

29.06.2019 in AS Nos. 46 of 2014 and 17 of 2015

on the file of the Sub Court, Irinjalakuda,

arising from the judgment and decree in OS No.

204 of 2012 of the Munsiff Court, Kodungallur.

2. The appellant herein is the appellant in the

first appeal and the defendant in the original

suit. The appellant also filed a counter claim

before the trial court. The suit was filed for

recovery of possession and consequential

mandatory injunction. The trial court granted a

decree in favour of the respondents/plaintiffs

and dismissed the counter claim. Although appeals

were filed challenging the judgment and decree,

they were dismissed confirming the judgment and

decree of the trial court. Hence, this second

appeal.

3. During the pendency of this RSA, the parties were

referred to mediation for resolving the dispute. RSA NO. 1245 OF 2019

..4..

In the course of mediation, they have resolved

their dispute and have agreed to settle the

dispute between the parties by memorandum of

agreement dated 04.08.2021 under Section 89 of

the Code of Civil Procedure r/w Rules 24 and 25

of the Civil Procedure (Alternative Dispute

Resolution) Rules, 2008.

4. On going through the terms of compromise, the

terms are legally in order and there is no legal

bar in accepting the terms of compromise as

agreed to between the parties. Hence, the

memorandum of agreement dated 04.08.2021 is

recorded.

Resultantly, this RSA is decreed in terms of the

compromise. The terms of compromise will form

part of the decree. There will be no order as to

costs. Pending applications, if any, stand

closed.

Sd/-

N.ANIL KUMAR

JUDGE Bka/-