Kerala High Court
Ruby vs Molly Kurian on 8 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 8°" pay OF NOVEMBER 2023/17TH KARTHIKA, 1945
RFA NO. 751 OF 2016
AGAINST THE JUDGMENT AND DECREE DATED 23.01.2015 IN OS
579/2012 OF THE II ADDITIONAL SUB COURT, ERNAKULAM
APPELLANT/DEFENDANT :
RUBY
AGED 38 YEARS
D/O.JOSEPH, CHAKKALAKKAL HOUSE, EDAKKADU PARAMBU,
KOMBARA, OLD RATLWAY STATION ROAD, ERNAKULAM.
BY ADVS.
SRI.R.LAKSHMI NARAYAN
SMT.R.RANJANIE
SRI.S.RENJITH
RESPONDENT / PLAINTIFF:
1 MOLLY KURIAN (DIED)
AGED 78 YEARS
W/O.P.K.KURIAN, HOUSE NO,42/1903, ST.BENEDICT
ROAD, ERNAKULAM DISTRICT.682 030.
2 MOHAN KURIAN
AGED 63 YEARS
S/O P.K. KURIAN, FLAT NO. 6C, WILLMONT PARK,
PERUMANOOR, PALLIMUKKU, COCHIN-682016
3 JACOB KURIAN
AGED 61 YEARS
S/O P.K.KURIAN, PONNAT HOUSE, 42/1903, ST.
BENEDICT ROAD, COCHIN-682018
4 SINDHU KURUVILLA
AGED 56 YEARS
D/O P.K.KURIAN, 42/1903, ST. BENEDICT ROAD,
COCHIN-682018. THE LEGAL HEIRS OF THE DECEASED
RESPONDENT ARE IMPLEADED AS ADDITIONAL
RESPONDENTS 2 TO 4 VIDE ORDER DATED 6/10/23 IN IA
1/2020.
RFA NC. 751 OF 2016
BY ADVS.
SMT.T.S.MAYA {THIYADIL) - R2 TO R4
SMT.K.A.SUNITHA ~ R2, R4
THIS REGULAR FIRST APPEAL HAVING COME UP FOR
ADMISSION ON 08.11.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Sathish Ninan, J.
Dated this the 8 day of November, 2023
JUDGMENT
The parties have settled their disputes in
mediation. They have entered into a memorandum of
agreement incorporating the terms of settlement. The
decree and judgment impugned in this appeal is set aside
and the appeal is disposed of in terms of the
settlement. The memorandum of agreement will form part
of this judgment. The court fee paid on the memorandum
of appeal shall be refunded to the appellant.
The Sub Court, Ernakulam shall cause the order of
attachment effected in I.A.No. 3302/2012 in
0.S.No0.579/2012 to be lifted and communicated to the
SRO.
Sd/-
Sathish Ninan, Judge
rsr
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
RP LAL No PALSO18
Ruby : Appellant
VS,
Molly Kurlan & Others : Heaspondent
MEMORANDUM OF SETTLEMENT AGREEMENT UNDER
SECTION §9 OF THE CODE OF CIVIL PROCEDURE READ
WITH RULES 24 & 25 OF THE CIVIL PROCEDURE
(ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:
The partes have agreed to settic the dispute on the following
Lhe Apselliant/Defendant in the O.S.No. S79/2012 of Sub Cour,
Ernakulam has paid an amount of Rs.10,50,000/-{Rupgees ten
lakhs fifty thousand only} towards full and final settlement of all
disputes involved in the case and the Respondents acknowledged
the Same,
2. The Appellants and Respondents agresd that they wil not raise
any further claims against sach other with regard ta the sublect
rnatter of the above case or any other matter in future.
3. The Respondents agree that they have mo ablection in fing
the arder af attachment in LANG. aSs02/2012 In OS.NGS79 of
2012 of Sub Court, Ernakul
The Appellant has mo objection in refunding the amount of
court fee remitted in the above case to the Respondents.
5. The above parties agrees that the above case an be disposed of
intermis of Chis setthement agreement.
AS per order in LA. No. 1/2023 dated 20.10.2085 the Second
Respondent in LA. Le. 3 Respondent in R.S.A. jacob Kurlan was
permitted to sign and accept the amount by the terms of the WH
executed by deceased original Respandent Molly Kurlan
we, cas
Dated this the 20 day of October, 202
anf
Appellant 3 Respondent a
Ruby sa. Jacob Kurlary ae
a on
VERIEICATION
We, the parties above named, da hereby solemniy state
a
and deciare that what is contained In paragraphs 1 ta 5 are true
to the best of our knowledae, information and belief,
wt
SESS
Dated this the 20th day of October, 2023.
" a '
Petitioner oh Respotiyent
oe é
facets Kuri rian
Ruby
