IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 Mat.Appeal.No. 435 of 2010() ---------------------------- OP.389/2008 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): --------------- 1. SANJEEV JOSEPH AGED 39 YEARS, S/O.JOCY JOSEPH, RESIDING AT KATTADY HOUSE, PANAMVILA JUNCTION, NALANCHIRA ULLOOR, THIRUVANANTHAPURAM. 2. JOCY JOSEPH,AGED 80 YEARS, KATTADY HOUSE,PANAMVILA JUNCTION, NALANCHIRA ULLOOR,THIRUVANANTHAPURAM. 3. THERESIAKUTTY JOSEPH,W/O.JOCY JOSEPH, KATTADY HOUSE,PANAMVILA JUNCTION, NALANCHIRA ULLOOR,THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.BINDU GEORGE SMT.K.R.RIJA RESPONDENT(S): PETITIONER ------------------------- SONY.M.GEORGE @ MARIAMMA GEORGE AGED 30 YEARS,D/O.GEORGE FRANK, MATTAKARA HOUSE, VAZHPPALLY KARA, CHANGANACHERY TALUK, KOTTAYAM DISTRICT. ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.N.ASWATHY THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - Mat.A.No. 435 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of March, 2011 JUDGMENT Joseph, J. This appeal is filed against the judgment in O.P. No. 389 of 2008 of the Family Court, Kottayam. By the impugned judgment, the Family Court allowed the petition filed by the respondent/wife and passed a money decree. 2. During the pendency of the appeal, the matter was sent for mediation and the parties have entered into a settlement, which is also part of the records. We take note of the mediation settlement agreement and in terms of the same, we allow the respondent to withdraw a sum of Rs.3,19,970/- deposited in the Family Court, Trivandrum, to which court the execution proceedings were transferred. Mat.A.No. 435 of 2010 2 3. The learned counsel for the respondent submits that in terms of clause 5 of the said agreement, on receipt of the amount lying in deposit as aforesaid, the respondent will withdraw the cases, M.C. 91 of 2008 and C.M.P. 23 of 2011 pending before the Family Court, Kottayam (at Ettumanoor) and E.P. 34 of 2010 in O.P.No.389 of 2008 pending before the Family Court, Trivandrum. 4. This appeal is accordingly closed. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm