Kerala High Court
Thulasibhai.R vs Manorama.R on 27 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
RSA NO. 1283 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 30.8.2019 IN A.S.
NO.122/2016 ON THE FILES OF THE ADDITIONAL DISTRICT COURT-I,
ALAPPUZHA,
AGAINST THE JUDGMENT AND DECREE DATED 27.8.2016 IN O.S.
NO.30/2014 ON THE FILES OF THE SUB COURT, ALAPPUZHA
APPELLANT/APPELLANT/3RD DEFENDANT:
THULASIBHAI.R
AGED 63 YEARS
W/O. ROHINIKUMAR,
THOTTACADU HOUSE,
CHANGANKARY MURI KARA,
EDATHUA VILLAGE,
KUTTANADU TALUK,
ALAPPUZHA DISTRICT.
BY ADVS.
RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
SRI.SADCHITH.P.KURUP
SRI.SUMESH.S.KALARICKEL
SRI.C.P.ANIL RAJ
SMT.SINDHU K.S.
RESPONDENTS/RESPONDENTS/PLAINTIFF & DEFENDANTS 1, 2, 4 TO 12:
1 MANORAMA.R
AGED 65 YEARS
W/O. NEELAKANDA PILLAI,
AISHWARYA HOUSE,
PADAHARAM MURI KARA,
THAKAZHY VILLAGE,
KUTTANADU TALUK,
ALAPPUZHA DISTRICT 688 562.
2 P.G KRISHNAPANICKER,(DIED) (LRS IMPLEADED)
AGED 80 YEARS
S/O. GOPALAPANICKER,
KRISHNA HOUSE,
KALACODE KARA,
ALAPPUZHA 688 003
3 THANKAMONY R,
AGED 69 YEARS
RFA No.1283 of 2019
2
PICHANAD HOUSE,
PERINGALA,
KAYAMKULAM,
ALAPPUZHA DISTRICT 690 537
4 HARIKUMAR G,
AGED 59 YEARS
S/O. GOPALAPANICKER,
THULASIMANDIRAM HOUSE,
KUNNUMMA P.O, THAKAZHY VILLAGE,
KUTTANADU TALUK, ALAPPUZHA DISTRICT
PIN-688 562.
5 UNNIKRISHNAN,
AGED 55 YEARS
S/O. GOMATHYAMMA, B-12,
NAMAN APARTMENTS, VOTTEK DEVU AHAMADABAD,
GUJARAT STATE, PIN 380 054
6 HARIKRISHNAN,
AGED 43 YEARS
S/O. GOMATHYAMMA,
KARTHIK NIVAS HOUSE,
KARATHALA, PALACHIRA P.O,
VARKALA, PIN 695 143.
7 LEELA,
AGED 65 YEARS
W/O. PRABHAKARAN NAIR,
THENATH HOUSE, ERATTAKULANGARA,
KOMANA, AMBALAPPUZHA P.O,
ALAPPUZHA DISTRICT 688 561.
8 PRAVEEN P,
AGED 38 YEARS
S/O. PRABHAKARAN NAIR,
THENATH HOUSE,
ERATTAKULANGARA KOMANA,
AMBALAPPUZHA P.O,
ALAPPUZHA DISTRICT 688 561.
9 PRIYA,
AGED 31 YEARS
D/O. PRABHAKARAN NAIR,
THENATH HOUSE, ERATTAKULANGARA,
KOMANA, AMBALAPPUZHA P.O,
ALAPPUZHA DISTRICT 688 561
10 KUSUMAKUMARI,
AGED 52 YEARS
W/O. GOPIKRISHNAN,
THULASIMANDIRAM HOUSE,
IN KUNNUMMA P.O OF THAKAZHY VILLAGE,
KUTTANADU TALUK,
ALAPPUZHA PIN 688 562.
RFA No.1283 of 2019
3
11 GOKULKRISHNAN,
AGED 26 YEARS
S/O. GOPIKRISHNAN,
THULASIMANDIRM HOUSE IN KUNNUMMA P.O OF THAKAZHY
VILLAGE, KUTTANADU TALUK,
ALAPPUZHA PIN 688 562
12 DIVYAKRISHNAN,
AGED 23 YEARS
S/O. GOPIKRISHNAN, THULASIMANDIRAM HOUSE,
IN KUNNUMMA P.O OF THAKAZHY VILLAGE,
KUTTANADU TALUK, ALAPPUZHA PIN 688 562.
13 ADDL R13 INDIRA
AGED 72 YEARS
W/O.KRISHNA PANICKER,KRISHNA,
KALARKODE P.O.,PIN-688 002, ALAPPUZHA
14 ADDL R14 MANOJ KUMAR
AGED 50 YEARS
S/O.KRISHNA PANICKER,KRISHNA,
KALARKODE P.O.,PIN-688 002, ALAPPUZHA
15 ADDL. R15 MANJU
AGED 48 YEARS
D/O.KRISHNA PANICKER, KRISHNA,
KALARKODE P.O., PIN-688 002, ALAPPUZHA
16 ADDL.R16 MANEESH
AGED 45 YEARS
S/O.KRISHNA PANICKER, KRISHNA,
KALARKODE P.O., PIN-688 002, ALAPPUZHA
(LEGAL HEIRS OF DECEASED R2 ARE IMPLEADED AS ADDL.R13
TO R16 AS PER ORDER DATED 09.03.2022 IN IA.1/2021.)
R1,R8,R10,R12,R14, TO R16 BY ADV SRI.A.KRISHNAN
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA No.1283 of 2019
4
JUDGMENT
Dated this the 27th day of July, 2022
Appeal has been filed against the judgment and
decree in A.S. No.122/2016 on the file of the Additional District
Court, Alappuzha, which arise out of O.S. No.30/2014 on the
file of Sub Court, Alappuzha.
2. When the case came up for admission, it is reported
by the learned counsel appearing for either side that parties
are willing to settle the matter through mediation. Hence, the
case was referred for mediation to District Mediation Centre,
Alappuzha. The report dated 15.7.2022 was filed by the
mediator stating that the matter has been settled between the
parties and memorandum of agreement has also been
produced and has been signed by all the parties. As per which,
entire issues between the parties have been amicably settled
and sketch also produced.
3. The learned counsel for the appellant as well as the
counsel for the respondent present before this Court and they
agreed to record the mediation agreement. As per Condition
No.17 it has been stipulated that both parties have to move
RFA No.1283 of 2019
together, if at all any steps is required for passing any fresh
decree after recording of this compromise. That cannot be
permitted since settlement should be full and final and it is
informed to the counsel for both sides that condition No.17 will
be excluded. They agreed for the same. Hence memorandum
of agreement is recorded deleting condition No.17.
Hence, appeal disposed of in terms of the memorandum
of agreement. Memorandum of agreement and sketches
attached will form part of the decree.
All pending I.As. are closed.
Sd/-
M.R.ANITHA
JUDGE
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