T.P. Vinod vs P.S. Sindu
2022 Latest Caselaw 10905 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                  &
           THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 3RD DAY OF NOVEMBER 2022/12TH KARTHIKA, 1944
                   MAT.APPEAL NO.240 OF 2022
  AGAINST THE JUDGMENT DATED 31.08.2021 IN O.P.NO.517 OF
             2019 OF THE FAMILY COURT, MALAPPURAM
APPELLANT/REPONDENT NO.1:

           T.P. VINOD, AGED 54 YEARS, S/O. LATE
           T.P.APPUNNY, RESIDING AT THEKKEPURAKKAL HOUSE,
           BABY NIVAS, KOLATHARA POST, CHERUVANNUR,
           NALLALAM VILLAGE, KOZHIKODE DISTRICT

            BY ADV A.DINESH RAO


RESPONDENTS/PETITIONER/RESPONDENT NO.2:

    1      P.S. SINDU, AGED 44 YEARS, D/O. APPUNNI,
           PERINTHIRI HOUSE, ERAMANGALAM POST, VELIYANGODE
           VILLAGE, PERUMBADAPPU (VIA) PONNANI TALUK,
           MALAPPURAM DISTRICT-679587

    2      NARAYANKUTTY, S/O. LATE T.P.APPUNNY, RESIDING AT
           THEKKEPURAKKAL HOUSE, BABY NIVAS, KOLATHARA
           POST, CHERUVANNUR, NALLALAM VILLAGE, KOZHIKODE
           DISTRICT

           BY ADVS.P.K.MOHAMED JAMEEL
           JAGAN ABRAHAM M.GEORGE


        THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                -2-
Mat.Appeal No.240 of 2022



                            JUDGMENT

Anil K. Narendran, J.

The appellant is the 1st respondent in O.P.No.517 of 2019

on the file of the Family Court, Malappuram, a petition filed by

the 1st respondent herein for recovery of gold ornaments. The

said original petition was decreed against the appellant by the

judgment and decree dated 31.08.2021. Feeling aggrieved, the

appellant is before this Court, invoking the provisions under

Section 19(1) of the Family Courts Act, 1984.

2. On 30.03.2022, when this appeal came up for

admission, this Court admitted the matter on file and issued

notice to the respondents by speed post. In I.A.No.2 of 2022,

this Court granted an interim order staying the execution of the

impugned judgment on condition that the appellant furnishes

security for the relief granted, to the satisfaction of the Family

Court, within a period of two months. The said interim order

was extended by one month by the order dated 06.06.2022.

3. During the pendency of this appeal, the parties were

referred for mediation before the Ernakulam Mediation Centre,

in the premises of this Court, and they were directed to appear

Mat.Appeal No.240 of 2022

before the Mediation Centre on 01.07.2022 at 10.30 a.m.

4. Today, when this matter is taken up for

consideration, the report dated 21.10.2022 of the Mediator is

placed on record, along with the memorandum of agreement

dated 21.10.2022 executed under Section 89 of the Code of

Civil Procedure, 1908, read with Rules 24 and 25 of the Kerala

Civil Procedure (Alternative Dispute Resolution), Rules, 2008.

5. Heard the learned counsel on both sides.

6. The learned counsel on both sides would submit that

since the disputes have already been settled between the

parties in mediation, this appeal can be disposed of in terms of

the terms and conditions in the memorandum of agreement

dated 21.10.2022.

In such circumstances, this appeal is disposed of in terms

of the terms and conditions in the memorandum of agreement

dated 21.10.2022, which shall form part of this judgment.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE AV/4/11