Andrews vs Michael
2021 Latest Caselaw 5790 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

         THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

     WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH
                        MAGHA,1942

                   RSA.No.324 OF 2020

   AGAINST THE JUDGMENT AND DECREE IN AS 58/2018 DATED
    19-12-2019 OF THE ADDITIONAL DISTRICT COURT, NORTH
                         PARAVUR

 AGAINST THE JUDGMENT AND DECREE DATED 26.10.2018 IN OS
493/2015 DATED 26-10-2018 OF MUNSIFF COURT, NORTH PARAVUR


APPELLANT/APPELLANT/DEFENDANT:

           ANDREWS, S/O MICHAEL
           AGED 45 YEARS
           KALLOORU, KARUMALOOR KARA, KARUMALOOR
           VILLAGE, PAVAVOOR, TALUK

           BY ADVS.
           SHRI.V.S.CHANDRASEKHARAN
           SRI.M.V.DAS
           SMT.LEKSHMI SWAMINATHAN
           SMT.K.P.AMRUTHA
           SRI.C.S.MANU

RESPONDENT/RESPONDENT/PLAINTIFF:

           MICHAEL,
           AGED 72 YEARS,
           S/O.PAILY, KALLOORU, KARUMALOOR KARA,
           KARUMALOOR VILLAGE, PAVAVOOR, TALUK-683511

           R1 BY ADV. SHRI.ESM.KABEER

     THIS REGULAR SECOND APPEAL HAVING COME UP          FOR
ADMISSION ON 17.02.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 RSA.No.324 OF 2020


                               ..2..




                            JUDGMENT

Dated this the 17th day of February 2021

The appellant is the defendant in O.S.No.493/2015

on the file of the Munsiff Court, North Paravur filed by

the respondent/plaintiff for cancellation of the settlement

deed No.3414/2014. The parties are hereainafter

referred to as plaintiff and defendant according to their

status in the trial court, unless otherwise stated.

2. The suit was initially decreed and the defendant

filed appeal as A.S.No.58/2018 on the file Additional

District Court, North Paravur. The appeal was dismissed.

Hence, the defendant preferred this second appeal.

3. During the pendency of this appeal, the case

was referred for mediation. The parties appeared before

the High Court Mediation Centre and settled the dispute

out of court. Evidencing the same, the terms and

conditions have been arrived at between the parties and

terms and conditions are forwarded to this Court for RSA.No.324 OF 2020

..3..

approval.

4. On going through the memorandum of

agreement under Section 89 of the Code of Civil

Procedure read with Rule 24 and 25 of the Civil

Procedure (Alternative Dispute Resolution) Rules, 2008, it

is clear that both parties have settled the above case

amicably, in accordance with the terms and conditions

stipulated therein. The terms and conditions arrived at

by the parties are strictly in accordance with Rules and

are enforcable in law. Hence, the memorandum of

settlement arrived at between the parties is accepted.

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

settlement arrived at between the parties. The terms of

the settlement will form part of the decree.

This RSA is disposed of accordingly.

Sd/-

N.ANIL KUMAR

JUDGE kkj