Kerala High Court
Vineetha vs U.Vijayanda Prabhu on 26 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 26™ pAY OF AUGUST 2021 / 4TH BHADRA, 1943
MAT.APPEAL NO. 637 OF 2016
AGAINST THE ORDER/JUDGMENT IN OP 473/2011 OF FAMILY
COURT, ERNAKULAM, ERNAKULAM
APPELLANT:
VINEETHA K.V, AGED 28 YEARS, W/O. VIJAYANANDA PRABHU,
KERANCHERIYIL SHENOY'S HOUSE, ERNAKULAM ROAD, ALUVA,
NOW RESIDING AT SHREEVAIBHAVAM, CHEERAKKADA TEMPLE
ROAD, ALUVA.
BY ADVS.
SMT.K.S.SUMITHA
SMT .M.M. JASMIN
RESPONDENTS :
1 U.VIJAYANANDA PRABHU, S/O. UMANANDA PRABHU, DEVASWOM
PARAMBIL BHAGAVATH HOUSE,SANKARADI ROAD, CHERAI, PIN-
683 514.
2 UMANANDA PRABHU, DEVASWOM PARAMBIL BHAGAVATH HOUSE,
SANKARADI ROAD, CHERAI-683 514.
3 GEETHA, W/O. UMANANDA PRABHU, DEVASWAM PARAMBIL
BHAGAVATH HOUSE,SANKARADI ROAD, CHERAI-683 514.
BY ADVS.
SRI.G.BIJU
SRI.V.A.VINOD
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
26.08.2021, ALONG WITH Mat.Appeal.643/2016, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Mat .Appeal Nos.637/2016, 643/2016
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 267 DAY OF AUGUST 2021 / 4TH BHADRA, 1943
MAT.APPEAL NO. 643 OF 2016
AGAINST THE ORDER/JUDGMENT IN OP 472/2011 OF FAMILY
COURT, ERNAKULAM, ERNAKULAM
APPELLANT:
VINEETHA K.V., AGED 28 YEARS, W/O. VIJAYANANDA PRABHU,
KERANCHERIYIL HOUSE, SHENOY'S HOUSE, ERNAKULAM
ROAD ,ALUVA, NOW RESIDING AT SHREEVAIBHAVAM, CHEERAKKADA
TEMPLE ROAD, ALUVA.
BY ADVS.
SMT .K.S.SUMITHA
SMT .M.M. JASMIN
RESPONDENTS :
1 U.VIJAYANDA PRABHU, S/O. UMANANDA PRABHU, DEVASWOM
PARAMBIL BHAGAVATH HOUSE ,SANKARADY ROAD, CHERAI-683
514.
2 UMANANDA PRABHU, DEVASWOM PARAMBIL BHAGAVATH HOUSE,
SANKARADY ROAD, CHERAI-683 514.
3 GEETHA, W/O. UMANANDA PRABHU, DEVASWOM PARAMBIL,
BHAGAVATH HOUSE, SANKARADY ROAD, CHERAI-683 514.
BY ADVS.
SRI.G.BIJU
SRI.V.A.VINOD
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
26.08.2021, ALONG WITH Mat .Appeal.637/2016, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Mat.Appeal Nos.637/2016, 643/2016
3
JUDGMENT
[Mat .Appeal Nos.637/2016, 643/2016]
A.Muhamed Mustague, J
These appeals arises from a claim and counter claim in O.P No.472
of 2011 on the file of the Family Court, Ernakulam. The appellant in both
the cases is same. The parties were referred for mediation. In the
mediation they settled and resolved their dispute. In the light of
settlement, the impugned decree and judgment is superseded by the
settlement agreement. The settlement agreement will form part of the
judgment.
These Mat. Appeals are disposed of in the light of the settlement
agreement.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ALTERNATIVE DISPUTES RESOLUTION CENTRE
JUDGES AVENUE , ERNAKULAM
Med.Ref .183/21
035172
From
The District Co- Ordinator(District Judge),
ADR Centre,
Judges Avenue,
Ernakulam
To
The Registrar (Judicial)
High Court of Kerala
Ernakulam.
Sir/Madam
Sub: District Mediation Centre. Ernakulam---Mat Appeal nos.
037 /2016& 643/2016-Mediation Report- forwarding of-reg
Ref: Order dated 02/03/2021 of Hon'ble High Court in
Mat. Appeal nos 637/2016 & 643/2016
Vide order cited above; Hon'ble High Court has directed the Contesting
Parties in the case cited above to appear before District Mediation Centre on
15.03.2021 for mediation. As such Mediation process was initiated and Mediator
reported that the mediation was successful. Hence the agreement executed by
parties along with the report of the Mediator is forwarded herewith in compliance
with the order of the Hon'ble Court.
Yours faithfully, ee
District Co- Ordinator
. (District Judge)
Encl: 1.Report of the Mediator
2. Agreement executed by parties
of barala ae
BEFORE THE HON' BLE Wa cqe . COURT, ERNAKULAM.
Mat Appeal ro. £37 |e Q
44-3 |
'Plaintiff/Petitioner Voutlie. U2.
Défandant/Accused - : () Vij warha f
Lor
Mediation Report
Mediation successful. Hence returned with the agreement Of the parties.
Dated this the oF a Jaret Maa yok, 2021,
- WNiediator
5 c r 7
IN THE COURT OF THE HON'BLE H/o COQULT OR ERALA A)
[EE RNAK UL).
Nat APPL bys fle &
Aed Appl - 63F f lb
\ pagan Pry bh boon Rapndanhs
ERNAKULAM MEDIATION CENTRE
MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF
CIVIL PROCEDURE READ WITH RULE 24 OF THE CIVIL PROCEDURE
[ALTERNATIVE DISPUTE RESOLUTION] RULES 2008
The parties above named beg to submit as follows:
1. The aforesaid Suit/Petition(s), Appeal(s}, Complaint were referred to
mediation for resolving the dispute between the parties. In the course of
mediation, they have resolved their dispute and have agreed to the
following terms and conditions:
1. Against the order of the Learned Family Court, Emakulam in O.P.No, 473/11
appellant filed Mat. Appl. No. 643/16 and.Mat. Apl. No. 637/16 filed challenging
the order in counter claim in O.P.No. 473/11. Appellant is agreed to withdraw all
her contentions in both the Mat Appeal. Nos.643/16 & 637/16. She is not ~
intending to proceed with the decree dated 04/03/16 in O.P.No. 473/2011 of the
Leamed Family Court, Emakulam. |
" 2. Appellant hereby agrees that she will nét 'proceed with order in M.C.No. 329/11,
dated 04/03/16 of the Leamed Family Court, Emakulam. She is also
withdrawing R.P.(F.C} No.247/16, pending before this Honourable Court. -
3. Respondents also agree not to proceed with execution of the decree in Counter
claim in O.P.No.473/2011, dated 04/03/16 of the Learned Family Court,
Emakulam.
4. Both parties agreed that they have no claims against ¢a each other in connection
with their marriage and both the parties have agroeds te settle tne entire dispute
between them in connection with the cases pending before this Honourable
Court by relinquishing all their claims against each other. }
2. In view of the aforesaid agreement entered into between the parties, the
parties pray that the Suit(s) Petition(s}, Appeal(s}. be
decreed/dismissed/disposed of in terms of the aforesaid agreement...
3. In view of the aforesaid agreement, the plaintiff{ (s)/ Appellant(s) pray{ s} for
refund of the full Institution Fee.
4. Parties will appear on ................65 before the Hon'ble Court for passing .
Orders/ Decree in terms of the above said agreement.
Defendant(s}
Respondent(s
Plaintiff(s), Petitioner(s)
Appellant(s), Applicant(s)
Gh
Complainant Accused... Vow
ie ~
oo
4 ae
A
Advocate for fad 4 Advocate for
Plaintiff(s), Petitioner(s) Defendant(s)
Appellant(s), Applicant(s) Respondent(s)
Complainant Accused
VERIFICATION
We, the parties above named, do hereby solemnly state and declare that
what is contained in paragraphs 1 to................0...00 are true. to the best-of
our knowledge, information and belief
VU: 6 i
ane DOG
Ao Nii Grane
Plaintiff(s) / Petitioner(s) / Defendant / Respondent(s} / We
Appellant(s} /Complainant Accused °: (nel?
Place: Ernakedim. | : (3:0. he eS- (Pgs
Deby: 29/02/24 oe
