Kerala High Court
Mary Anitha Latha vs Adlein Pushpaveni on 1 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 1ST DAY OF NOVEMBER 2021/ 10TH KARTHIKA, 1943
RFA NO. 134 OF 2020
AGAINST THE FINAL DECREE DATED 15.11.2019 IN F.D.I.A.NO.965 OF
2014 IN O.S.NO.184 OF 2013 OF SUB COURT, VADAKARA, KOZHIKODE
APPELLANT:
MARY ANITHA LATHA
AGED 58 YEARS, W/O. SASIDHARAN K.T, COLLEGE
PROFESSOR, HOD ZOOLOGY DEPARTMENT,
M.C.COLLEGE,CALICUT-673001, RESIDING AT
'LAYA',33/4176, NEAR MALAPARAMBA HOUSING COLONY,
CHEVAYUR VILLAGE, KOZHIKODE TALUK, CALICUT-673009.
BY ADVS.
SRI.NIRMAL. S
SMT.VEENA HARI
RESPONDENTS:
1 ADLEIN PUSHPAVENI
AGED 75 YEARS
W/O JUSTIN SREEDHARAN,RTD.TEACHER,
'SHALOM',PONNATH PARAMBA,GOLF LINK ROAD,
CHEAVAYUR VILLAGE,KOZHIKODE TALUK,CALICUT-673009.
2 NELSON DEVADAS,
AGED 67 YEARS
S/O ADOLF SADANANDAN,M7/42,
KERALA STATE HOUSING BOARD COLONY,
MALAPARAMBA,CHEVAYUR VILLAGE, CALICUT-673009.
2
R.F.A.Nos. 134 and 139 of 2020
3 ROSILY THEJA,
AGED 61 YEARS
HOUSE WIFE,W/O PRAKASH MARTIN,M 10/43,
KERALA STATE HOUSING BOARD COLONY,
MALAPARAMBA,CHEVAYUR VILLAGE,CALICUT-673009.
4 GRACE SAVITHRI,
AGED 75 YEARS
W/O JOSEPH KULANGARA,HOME AFFAIRS,
PLOT NO.50,SAI SECTION,AMBARNATH EAST,
THANA DISTRICT,MUMBAI,MAHARASHTRA-400601.
BY ADVS.
SRI.BALAGOPAL FOR R1, R2 & R3
SRI.MANJERI SUNDERRAJ FOR R1
SRI.A.SANOOJ FOR R1
SMT.RIA ELIZABETH JOSEPH FOR R4
THIS REGULAR FIRST APPEAL HAVING COME UP FOR FINAL
HEARING ON 01.11.2021, ALONG WITH RFA.139/2020, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
3
R.F.A.Nos. 134 and 139 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 1ST DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943
R.F.A. NO. 139 OF 2020
AGAINST THE FINAL DECREE DATED 15.11.2019 IN F.D.I.A.NO.965
OF 2014 IN O.S.NO.184 OF 2013 OF SUB COURT, VADAKARA,
KOZHIKODE
APPELLANT/S:
GRACE SAVITHRI
AGED 75 YEARS
W/O. JOSEPH KULANGARA , HOME AFFAIRS, PLOT NO.50,
SAI SECTION, AMBARNATH EAST, THANA DISTRICT,
MUMBAI, MAHARASHTRA-400 601
BY ADVS.
SRI.NIRMAL. S
SMT.VEENA HARI
RESPONDENT/S:
1 ADLEIN PUSHPAVENI
W/O. JUSTIN SREEDHARAN, RTD.TEACHER 'SHALOM',
PONNATH PARAMBA, GOLF LINK ROAD, CHEAVAYUR
VILLAGE, KOZHIKODE TALUK, CALICUT-673 009.
2 NELSON DEVADAS
AGED 67 YEARS
S/O. ADOLF SADANANDAN, M7/42,KERALA STATE HOUSING
BOARD COLONY, MALAPARAMBA, CHEVAYUR VILLAGE,
CALICUT-673 009.
3 ROSILY THEJA
AGED 61 YEARS,
HOUSE WIFE, W/O PRAKASH MARTIN, M 10/43,
KERALA STATE HOUSING BOARD COLONY, MALAPARAMBA,
4
R.F.A.Nos. 134 and 139 of 2020
CHEVAYUR VILLAGE, CALICUT-673 009.
4 MARY ANITHA LATHA,
AGED 58 YEARS,
COLLEGE PROFESSOR, W/O. SASIDHARAN .K.T., HOD
ZOOLOGY DEPARTMENT, M.C. COLLEGE, CALICUT-673 001,
RESIDING AT 'LAYA',33/4176, NEAR MALAPARAMBA
HOUSING COLONY, CHEVAYUR VILLAGE, KOZHIKODE TALUK,
CALICUT-673 009.
BY ADVS.
SRI.MANJERI SUNDERRAJ FOR R1
SRI.A.SANOOJ FOR R1
SRI.BALAGOPAL FOR R2 & R3
THIS REGULAR FIRST APPEAL HAVING COME UP FOR FINAL
HEARING ON 01.11.2021, ALONG WITH RFA.134/2020, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
5
R.F.A.Nos. 134 and 139 of 2020
JUDGMENT
Anil K. Narendran, J.
R.F.A.No. 134 of 2020:- The appellant is the 2nd defendant
in O.S.No.184 of 2013 on the file of the Sub Court, Vatakara, a
suit for partition. The appellant has filed this appeal under
Order XLI Rule 1 read with Section 96 of the Code of Civil
Procedure, 1908 seeking an order to set aside the final decree
dated 15.11.2019 in F.D.I.A.No.965 of 2014 in O.S.No.184 of
2013.
2. On 21.12.2020, when this appeal came up for
admission, respondents 2 and 3 entered appearance through
counsel. Notice was ordered to respondents 1 and 4 by speed
post. In I.A.No.1 of 2020, this Court granted an interim stay of
the proceedings in E.P.Nos.18 and 19 of 2020 in O.S.No.184 of
2013 on the file of the Sub Court, Vatakara, for a period of one
month. The said interim order, which was extended from time
to time, is still in force.
R.F.A.Nos. 134 and 139 of 2020
3. R.F.A.No. 139 of 2020:- The appellant is the 1st
defendant in O.S.No.184 of 2013 on the file of the Sub Court,
Vatakara, a suit for partition. The appellant has filed this appeal
under Order XLI, Rule 1 read with Section 96 of the Code of
Civil Procedure, 1908 seeking an order to set aside the final
decree dated 15.11.2019 in F.D.I.A.No.965 of 2014 in
O.S.No.184 of 2013.
4. On 29.07.2020, when this appeal came up for
admission, this Court issued notice to the respondents. On
21.12.2020, in I.A.No.2 of 2020, this Court granted an interim
stay of the proceedings in E.P.Nos.18 and 19 of 2020 in
O.S.No.184 of 2013 of the Sub Court, Vatakara, for a period of
one month. The said interim order, which was extended from
time to time, is still in force.
5. On 06.09.2021, when the above appeals came up for
consideration, it was submitted by the learned counsel on both
sides that there is every likelihood of the matter being settled,
if sent for mediation. Therefore, the parties were directed to
appear before the Mediation Sub Centre, Vatakara on
R.F.A.Nos. 134 and 139 of 2020
14.09.2021.
6. Today, when these appeals are taken up for
consideration, it is submitted by the learned counsel on both
sides that the parties have settled the matter in mediation and
they have entered into a mediation settlement agreement
dated 11.10.2021. The learned counsel for the 1st respondent
would point out that there is no modification of the final decree,
in so far as the 1st respondent-1st decree holder-1st plaintiff is
concerned.
7. Having considered the submissions made by learned
counsel on both sides and on perusing the mediation
settlement agreement dated 11.10.2021, we find that the
parties have settled the entire dispute in mediation and have
entered into the aforesaid mediation settlement agreement.
8. In such circumstances, these appeals are disposed
of, in terms of the settlement recorded in the mediation
settlement agreement dated 11.10.2021, which shall form part
of this judgment. It is recorded that there is no modification of
the final decree insofar as the 1st respondent-1st decree holder-
R.F.A.Nos. 134 and 139 of 2020
1st plaintiff is concerned.
9. The original of mediation settlement agreement shall
be sent to the court below, after retaining attested copies of
the same in the Judges papers in both the appeals.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
