Dr.K.K.Parthasarathy vs V.Vasumathy
2022 Latest Caselaw 12122 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MRS. JUSTICE M.R.ANITHA
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                       RSA NO. 633 OF 2010
     AGAINST THE JUDGMENT AND DECREE DATED 09.12.2009 IN A.S.
    NO.129/2004 AND CROSS OBJECTION TEREON, ON THE FILE OF THE
                DISTRICT JUDGE, THIRUVANANTHAPURAM
     AGAINST THE JUDGMENT AND DECREE DATED 22.03.2004 IN O.S.
 NO.2252/1999 ON THE FILE OF THE 1ST ADDITIONAL MUNSIFF'S COURT,
                        THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS/DEFENDANTS:

    1     DR.K.K.PARTHASARATHY,
          SUSHRUSHA NURSING HOME,
          PAMPADY P.O., KOTTAYAM.
    2     MOHID SARATHY,
          S/O.K.K.PARTHASARATHY
          DO- DO-
    3     CHITHRA,
          D/O.K.K.PARTHASARATHYDO.
          DO- DO-
          BY ADVS.
          JITHIN SAJI ISAAC
          K.J.SAJI ISAAC(S-82)
          ELIZABETH VARKEY(E-25)


RESPONDENTS/APPELLANTS & LEGAL HEIRS/PLAINTIFF & LEGAL HEIRS:

          V.VASUMATHY,
          D/O RADHAMMA,
          T.C.14/1919
          CHARUVILA HOUSE,
          PALAYAM,
          THIRUVANANTHAPURAM(DIED).
    1     JALAJA RAMAKRISHNAN,
          D/O LATE V.VASUMATHY,
          TC 14/1919,CHARUVILA HOUSE,
          PALAYAM,, THIRUVANANTHAPURAM.
    2     MADHU.V,
          S/O.LATE V.VASUMATHY
          TC 14/1919,CHARUVILA HOUSE,
          PALAYAM,, THIRUVANANTHAPURAM.
 RSA No.633 of 2010
                                   2


      3       MURALI.V,
              S/O.LATE V.VASUMATHY
              TC 14/1919,
              CHARUVILA HOUSE,
              PALAYAM,
              THIRUVANANTHAPURAM.
              BY ADV SRI.PIRAPPANCODE V.S.SUDHIR


       THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RSA No.633 of 2010
                                              3




                                       JUDGMENT

Dated this the 22nd day of December, 2022

This appeal has been filed against the judgment and

decree in A.S. No.129/2004 on the file of the District Court,

Thiruvananthapuram, which arise out of O.S. No.2252/1999

on the file of 1st Additional Munsiff's Court,

Thiruvananthapuram.

2. When the case came up for hearing, it is reported

by the learned counsel appearing on either side that parties

are willing to settle the matter through mediation. Hence, the

case was referred for mediation and accordingly settled in

mediation and a report dated 22.11.2022 was filed by the

mediator along with memorandum of agreement executed

between the parties. On perusing the memorandum of

agreement, I am satisfied that the terms of settlement are

legal and proper. There is no impediment in recording the

compromise.

Hence, memorandum of agreement is recorded and

appeal disposed of in terms with the memorandum of RSA No.633 of 2010

agreement. Memorandum of agreement and sketch will form

part of the decree.

All pending I.As. are closed.

Sd/-

M.R.ANITHA JUDGE SMF