Kerala High Court
Sreekumar P vs Mathew Antony on 22 September, 2025
RFA Nos. 216/2024 & 194/2025
1
2025:KER:70621
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 22ND DAY OF SEPTEMBER 2025 / 31ST BHADRA, 1947
RFA NO. 216 OF 2024
AGAINST THE JUDGMENT AND DECREE DATED 08.04.2024 IN OS
NO.30 OF 2022 OF SUB COURT, DEVIKULAM
APPELLANTS/PLAINTIFFS:
1 MATHEW ANTONY
AGED 63 YEARS, S/O LATE MATHEW JOSEPH,
PALLATH HOUSE, SANTHIPURAM ROAD,
PALARIVATTOM P.O, ERNAKULAM DISTRICT,
PIN - 682025
2 GEORGE MATHEW
AGED 53 YEARS, S/O MATHEW,
MARUTHANAMKUZHI HOUSE, THURAVOOR DESOM,
THURAVOOR P.O. THURAVOOR VILLAGE,
ERNAKULAM DISTRICT, PIN - 683572
BY ADVS.
SRI.BABU CHERUKARA
SHRI.ARUN BABU
SHRI.ALBERT ABEY V.S.
RESPONDENTS/DEFENDANTS 1 TO 3:
1 SREEKUMAR P.
AGED 46 YEARS, S/O PURUSHOTHAMAN NAIR,
THAZHATHEDATH HOUSE, MARAYOOR P.O,
MARAYOOR VILLAGE, DEVIKULAM TALUK,
PIN - 685 620.
RFA Nos. 216/2024 & 194/2025
2
2025:KER:70621
2 JAYAKUMARI P.
AGED 53 YEARS, D/O PURUSHOTHAMAN NAIR,
AND (W/O SASIKUMAR, YADAVAM HOUSE),
THAZHATHEDATH HOUSE, MARAYOOR P.O,
MARAYOOR VILLAGE, DEVIKULAM TALUK,
PIN - 685620
3 SREEDEVI
AGED 51 YEARS, D/O PURUSHOTHAMAN NAIR,
AND W/O NANDANATHIL PRAKASAN,
THAZHATHEDATH HOUSE, MARAYUR P.O,
MARAYOOR VILLAGE, DEVIKULAM TALUK,
PIN - 685620
BY ADVS.
DR.K.P.PRADEEP
SHRI.T.T.BIJU
SMT.T.THASMI
SMT.M.J.ANOOPA
SMT.POOJA V.M.
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
22.09.2025, ALONG WITH RFA.194/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
RFA Nos. 216/2024 & 194/2025
3
2025:KER:70621
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 22ND DAY OF SEPTEMBER 2025 / 31ST BHADRA, 1947
RFA NO. 194 OF 2025
AGAINST THE JUDGMENT DATED 08.04.2024 IN OS NO.30 OF
2022 OF SUB COURT, DEVIKULAM
APPELLANT/1ST DEFENDANT:
SREEKUMAR P
AGED 47 YEARS, S/O. PURUSHOTHAMAN NAIR,
THAZHATHEDATH HOUSE, MARAYOOR P.O.,
MARAYOOR VILLAGE, DEVIKULAM TALUK,
IDUKKI, PIN - 685620
BY ADVS.
DR.K.P.PRADEEP
SHRI.T.T.BIJU
SMT.T.THASMI
SMT.M.J.ANOOPA
SMT.POOJA V.M.
RESPONDENTS/PLAINTIFFS AND DEFENDANTS 2 & 3:
1 MATHEW ANTONY
AGED 63 YEARS, S/O. LATE MATHEW JOSEPH,
PALLATH HOUSE, SANTHIPURAM ROAD,
PALARIVATTOM P.O., ERNAKULAM DISTRICT,
PIN - 682025
RFA Nos. 216/2024 & 194/2025
4
2025:KER:70621
2 GEORGE MATHEW
AGED 53 YEARS, S/O. MATHEW,
MARUTHANAMKUZHI HOUSE, THURAVOOR DESOM,
THURAVOOR P.O., THURAVOOR VILLAGE,
ERNAKULAM DISTRICT, PIN - 683572
3 JAYAKUMARI P
AGED 53 YEARS, D/O.PURUSHOTHAMAN NAIR AND
(W/O.SASIKUMAR, YADAVAM HOUSE),
THAZHATHEDATH HOUSE, MARAYOOR P.O.,
MARAYOOR VILLAGE, DEVIKULAM TALUK,
PIN - 685620
4 SREEDEVI,
AGED 51 YEARS, D/O.PURUSHOTHAMAN NAIR
AND W/O. NANDANATHIL PRAKASAN,
THAZHATHEDATH HOUSE, MARAYOOR P.O.,
MARAYOOR VILLAGE, DEVIKULAM TALUK,
PIN - 685620
BY ADV SRI.BABU CHERUKARA
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION
ON 22.09.2025, ALONG WITH RFA.216/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
RFA Nos. 216/2024 & 194/2025
5
2025:KER:70621
JUDGMENT
Dated this the 22nd day of September, 2025
The matter has been settled in mediation. The memorandum of
agreement signed by both sides is accepted. These appeals are disposed
of as per the terms of the memorandum of agreement. The
memorandum of agreement will form part of the judgment.
Refund the entire court fee to both the appellants.
Sd/-
C. PRATHEEP KUMAR,
JUDGE
sou.
BEFORE.TIIEHONOURABIiEHIGH..COURT.OF-KERAIA.AT'`
ERNAKULAM
Mathew Antony & Anr. Appellants
•Vs.
Sreekumar p & Others Respondents
Sreekumar P Appel]ants
Mathew Antony & Others Respondents
MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F TIIE CODE OF CIVIL
PROcEDURE READ wrrll RULEs 24 & 25 oF THE clvlL PRoCEDURE
(ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:
•Th..e parties have a,gree.d 'to settle the. di.spute between..them under. the .following terms and
conditions:
1.The respondents 1 to 3/defendants 1 to 3 agreed to pay Rs.4,00,000/-(Rupees Four lakhs only)
to the appellants 1 & 2/plaintiff 1 & 2 in full and final settlement Of the case.
2.The appellant 1 & 2"lalntiffs 1 & 2 agreed to settle the case receiving Rs.4,00,000/-(Rupees
Three lakhs only) in full and final settlement Of the case from the respondents 1 to 3/clef endants 1
to 3`.
3.In furtherance of the settlement arrived at between the parties, out of the said sum of
Rs.4,00,000/-(Rupees Three lalchs only), the respondents 1 to 3/defendants 1 to 3 today paid
Rs.2,00,000/-(Rupees Two lakhs only) to the appellants 1 & 2 by account transfer to the SB
account No.30941972337 maintained by the 2nd appellant George Mathew with the SBI, South
Chittoor Branch, and the respondents 1 to 3/defendants 1 to 3 today paid the balance amount of
Rs.2,00,000/-(Rupees Two lakh§ only) .to .the appellants 1.& 2 by 'account transfer to the SB
Account No.20186589649.maintained.by.Mrs..Shiji.Math6w,..wife of. Mr.Mathew Antony , the lst
appellant/plaintiff.
rd#AN02]6Of2024 Respondents-'Sreekumar P ' E¥
Appellants-Mathew Antony
George Mathew Jayakumari
Sreedevi
tor
AppeLlant-Sreekunarp.ggr
Respondents-Mathew Antony
GeorgeMaq_ewrfrT`tE#
Jayakumari
gr
Sreedevi
(.2.).,
4.The appellant 1 & 2mlaintiff§ 1 & 2 confirm having received the amount Of Rs.4,00,000/-
(Rupees Four lakhs only) by' account transfer as mentioned above.
5.The appellant 1 & 2/Plaintiffs 1 & 2 further agree that they will not have any further claim
a.gal.nstth.etrespon.dents-`1`to.3./defendants`1`&.3=in''R.FA`.N'o.2.16/202`4.
6. In view Of the settlement arrived at between the parties the appellants in RFA 216/2024 and
the appellants in RFA 194/2025 do not want to proceed with the appeals any further.
In the licht of the above settlement agreement the the appellants in R.F.A.No.216/2024, and the
appellant in R.F.A.No.194/2025 are entitled to get the full court fee paid, refunded in the two
appealsin€lu.dingth.e..Tri`alCourtto..the.respecti.ve'.p.a.rti.es.
Dated this the 18t day of September, 2025
•A.ppenants-.Mchew •- S.reckumar..P.
ge#r::M¥::?jL€ Jayckunari
Sreedevi
RFA No.194#025
Appellant- Sreekunar P Respondents-Mathew Antony
George Mathew
Jayckumari P.
'deu cheut4rfe Sreedevi
Course forthfa:pfug##Sg6/2024 Counsel for the Respondents in RFA
T.hi.s..setdem.ant
Adv.K.M. Muhammed Yusutf.(Mediator)
