Sadiq.K.K vs Nassai M.Ismail
2022 Latest Caselaw 8303 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MRS. JUSTICE M.R.ANITHA
       FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                       RSA NO. 279 OF 2021
 AGAINST THE JUDGMENT AND DECREE IN AS 7/2019 DATED 04.11.2020 OF
    SUB COURT, PALA ARISING OUT OF THE JUDGMENT AND DECREE IN
    OS 243/2016 DATED 31.10.2018 OF MUNSIFF COURT, ERATTUPETTA
APPELLANT/RESPONDENT/PLAINTIFF:

          SADIQ.K.K,
          AGED 66 YEARS,
          S/O.KUNHIMIDEEN,
          HOUSE, NADACKAL P.O,
          NADACKAL KARA,
          ERATTUPETTA VILALGE,
          MEENACHIL TALUK, KOTTAYAM - 686121.
          BY ADVS.
          ABDUL RAOOF PALLIPATH
          SRI.K.R.AVINASH (KUNNATH)
          SRI.E.MOHAMMED SHAFI


RESPONDENT/APPELLANT/DEFENDENT:

          NASSAI M.ISMAIL,
          AGED 51 YEARS,
          S/O. MUHAMMED ISMAIL,
          PEZHUMKATTIL HOUSE,
          NADACKAL P.O, NADACKAL KARA,
          ERATTUPETTA VILLAGE,
          MEENACHIL TALUK, KOTTAYAM - 686121.
          BY ADVS.
          V.K.PEERMOHAMED KHAN
          GIRISH KUMAR V.C



     THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 R.S.A No. 279 of 2021
                                         2




                                   JUDGMENT

This appeal has been filed against the judgment and decree

in A.S.No.7/2019 on the file of Sub Court, Pala arising out of the

decree and judgment in O.S.No.243/2016 on the file of Munsiff's

Court, Erattupetta.

2. When the case come up for hearing before this Court on

17.06.2022, the matter was referred for mediation and matter settled

in mediation and report was filed by the mediator dated 22.06.2022.

On going through the terms of settlement arrived at between the

parities, I am satisfied that the parties have amicably settled the

entire issues between them and the terms of settlement are legal and

proper.

3. Accordingly, mediation agreement is recorded and appeal

disposed in terms of mediation agreement. Mediation agreement

will form part of the judgment. Order of injunction passed against

the property owned by the respondent herein is lifted. Intimate the R.S.A No. 279 of 2021

concerned Sub Registry Office.

Hence, appeal disposed in terms with mediation agreement.

Mediation agreement will form part of the judgment. Refund the

court fee paid in this appeal to the appellant.

Sd/-

      rps/                                   M.R.ANITHA, JUDGE