IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 22555 of 2008(S) -------------------------- EP.NO.71/06 IN OP.340/2004 of FAMILY COURT, THIRUVALLA .................... PETITIONER: --------------- BABU.C. JOHN, S/O.LATE C.A. JOHN, CHIRAPARAMBIL HOUSE, KAVUMBHAGOM VILLAGE, PERUMTHURUTHY MURI, THIRUVALLA REP. BY POWER OF ATTORNEY HOLDER LEELAMMA MANI, W/O.LATE MATHAI MANI, KALEECKAL HOUSE, PALIAKKARA MURI, THIRUVALLA VILLAGE & TALUK, KERALA. BY ADV. SRI.P.HARIDAS RESPONDENT: --------------- VINCY SUSAN JOHN, D/O. P.A. VARGHESE, POOVANNUNIKUNNATHIL HOUSE, MARAMON.P.O, THIRUVALLA TALUK, PATHANAMTHITTA-689 549. ADV. SRI.JACOB P.ALEX FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).NO.22555/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE JUDGMENT DTD. 15/2/2006 OP.NO.340/2004 OF FAMILY COURT, THIRUVALLA. EXT.P2 TRUE COPY OF THE PETIION DTD. 21/7/2008. EXT.P3 TRUE COPY OF THE PETITION FOR CONDONATION DELAY DTD. 21/7/2008. EXT.P4 TRUE COPY OF THE STAY PETITION DTD. 23/7/2008. EXT.P5 TRUE COPY OF THE ADVANCE PETITION DTD. 23/7/2008. KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ------------------------------- W.P.(C)NO. 22555 OF 2008 ------------------------------- Dated this the 16th day of January, 2009 JUDGMENT Harun-Ul-Rashid,J. Respondent herein has filed O.P.No.340/2004 for recovery of patrimony. E.P.No.71/06 is pending before the Family Court, Thiruvalla. The respondent-wife obtained a decree allowing her to recover the amount from the petitioner herein. This writ petition is filed for a direction to the Family Court to consider and pass orders on Exts.P2 to P5 and also to keep all further proceedings in E.P.No.71/2006 in abeyance. 2. When the matter was taken up for final hearing, we had directed the petitioner and the respondent to be present before this Court. Parties appeared before this Court on several occasions. We had interacted with the parties. We had appointed Adv. Smt. Arlis Trency Antony as a Mediator to settle the disputes between the parties. We are happy to know that the matter is settled between -2- WP(C).No.22555/2008 the parties. The terms of settlement was recorded on 24/10/2008. The writ petitioner agreed to pay Rs.4.75 lakhs to the respondent herein towards the full and final settlement of the decree amount. Today, it is reported that the entire amount was paid to the respondent. In the circumstances no further orders are required in this writ petition. In view of the settlement, there is no necessity to continue the execution proceedings. Therefore, the E.P.No.71/2006 is struck off from the file. Writ Petition is disposed of in view of the settlement between the parties. KURIAN JOSEPH, Judge. HARUN-UL-RASHID, Judge. kcv.