IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 AS.No. 44 of 2000() ------------------- OS.7/1991 of SUB COURT, SULTHAN BATHERY .................... APPELLANT(S): -------------- 1. N.MOOSA, S/O.LATE AHAMMED KUTTY, MERCHANT, NADUKANDI HOUSE, BUFFALO STREET, MANANTODDY P.O., MANANTHAVADY TALUK, VEMOM DESOM AMSOM, WAYANAD DISTRICT. 2. ABDUL RAHIMAN N.,S/O.LATE AHAMMED KUTTY, MERCHANT, BUFFALO STREET, MANANTODDY P.O., MANANTHAVADY TALUK, VEMOM DESOM AMSOM, WAYANAD DISTRICT. 3. T.K.ASSAINAR, S/O.ERAMULLANKUTTY HAJI, MERCHANT, VALLIYOORKAVE ROAD, MANANTODDY P.O., MANANTHAVADY TALUK, VEMOM DESOM AMSOM, WAYANAD DISTRICT. 4. N.MARIYAM, D/O.LATE PUTHUMMA, THAYYIL HOUSE, P.O.PUTHUVACHERY, (VIA) KADACHIRA, MAVILAYI AMSOM, KANNUR DITRICT. 5. N.SARA, D/O.LATE PUTHUMMA, RAZA MANZIL, P.O.PUTHUVACHERY (VIA) KADACHIRA, MAVILAYI AMSOM, KANNUR DISTRICT. 6. N.AIYSHA, D/O.LATE PUTHUMMA, NADUKANDI HOUSE, P.O.PUTHUVACHERY (VIA) KADACHIRA, MAVILAYI AMSOM, KANNUR DISTRICT. 7. N.NABEESA, D/O.LATE PUTHUMMA, FINSHAY HOUSE, P.O.PUTHUVACHERY (VIA) KADACHIRA, MAVILAYI AMSOM, KANNUR DISTRICT. 8. N.SAKEENA, D/O.LATE PUTHUMMA, AYATT HOUSE, NEAR KULAM BAZAR, P.O.MUZHIPPILANGADI (VIA) THALASSERY, KANNUR DISTRICT. 9. N.SAINA, D/O.LATE PUTHUMMA, NOOR MAHAL, P.O.PUTHVACHERY, (VIA) KADACHIRA, MAVILAYI AMSOM, KANNUR DISTRICT. BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN, SENIOR ADVOCATE SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- 1. KELOTH SULEKHA, W/O.LATE ABDUL KHADER, KELOTH, VEMOM AMSOM DESOM, MANANTHODDY TALUK, WAYANAD DISTRICT. 2. NOUSHAD, S/O.LATE ABDUL KHADER, KELOTH, VEMOM AMSOM DESOM, MANANTODDY TALUK, WAYANAD DISTRICT. 3. FAULATH, S/O.LATE ABDUL KHADER, KELOTH, VEMOM AMSOM DESOM, MANANTHODDY TALUK, WAYANAD DISTRICT. 4. DILSHAD, D/O.LATE ABDUL KHADER, KELOTH, VEMOM AMSOM DESOM, MANANTHODDY TALUK, WAYANAD DISTRICT. ADV. SRI.P.V.CHANDRA MOHAN FOR R1 TO R4 THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 02/03/2009, ALONG WITH RFA NO.583 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.399/2000 IN A.S.N0.44/2000 DISMISSED 2/3/2009 SD/- KURIAN JOSEPH, JUDGE SD/- S.S.SATHEESACHANDRAN, JUDGE. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------- A.S.No.44 of 2000 & R.F.A.No.583 of 2006 -------------------------------------------------- Dated this the 2nd day of March, 2009 JUDGMENT Kurian Joseph,J. The former is from the judgment and decree in O.S.No.7/1991 and the latter is from the judgment and decree in O.S.No.15/1996, both on the file of the Sub Court, Sulthan Battery. When the matters were posted before us we directed the parties to be present before us in order to thrash out the possibility of a settlement. Thus the parties were referred to the Mediation Centre of this court. Learned Mediator Sri.Saju S.Poonthodath has filed a report to the effect that the parties have settled their disputes and they have filed a memorandum of agreement. Therefore, the appeal is disposed of in terms of the memorandum of agreement between the parties signed on 18th February, 2009. The same shall form part of the decree in both cases. In view of the settlement as above, we set aside the judgment and decree in both cases and remit the matters to the A.S.No.44 of 2000 & R.F.A.No.583 of 2006 -:2:- Sub Court, Sulthan Battery to pass the final decree and complete further proceedings in the matter including delivery of the respective shares in terms of the compromise referred to above before the court closes for summer vacation. The parties will immediately produce copies of the judgment and decree before the Sub Court and they will be present before the Sub Court on 16-3-2009. In view of the strenuous efforts taken by the Mediator we fix the remuneration as Rs.15,000/- which will be shared equally by the parties. The amount shall be paid by the counsel to the Mediator within two weeks. (KURIAN JOSEPH, JUDGE) (S.S.SATHEESACHANDRAN, JUDGE) ahg. KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. --------------------------- A.S.No.44 of 2000 & R.F.A.No.583 of 2006 ---------------------------- JUDGMENT 2nd March, 2009