IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 OP(C).No. 1569 of 2011(O) -------------------------------------- OS.23/2005 of SUB COURT, NEYYATTINKARA .................... PETITIONER: -------------------- K. ANILKUMAR, SON OF KRISHNANKUTTY, R.K.K. SADANAM, KALPADUMELE, VENPAKAL DESOM, ATHIYANNOOR VILLAGE, NOW RESIDING AT PHC QUARTERS, PERUMKADAVILA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): -------------------------- MANY, SON OF JAIMES, 'KARUNYA', VAZHUTHOOR DESOM, PERUMPAZHUTHOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 121. BY ADV. SRI.G.P.SHINOD, SRI.RAM MOHAN.G. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 1569 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S. NO.23/2005 ON THE FILE OF THE SUB COURT, NEYYATTINKARA. EXT.P2: COPY OF THE WRITTEN STATEMENT IN O.S. NO.23/2005 ON THE FILE OF SUB COURT, NEYYATTINKARA. EXT.P3: COPY OF THE JUDGMENT IN O.S. NO.23/2005 ON THE FILE OF THE SUB COURT, NEYYATTINKARA. EXT.P4: COPY OF THE CERTIFICATE ISSUED TO PETITIONER'S WIFE DATED 10/07/2006 ISSUED FROM P.R.S. HOSPITAL, TRIVANDRUM. EXT.P5: COPY OF THE CERTIFICATE ISSUED TO PETITIONER'S WIFE DATED 06/01/2006 ISSUED FROM VISRO, VIKRAM SARABHAI SPACE CENTRE. EXT.P6: COPY OF THE CERTIFICATE ISSUED TO PETITIONER'S WIFE ISSUED FROM AMRITHA INSTITUTE OF MEDICAL SCIENCE. EXT.P7: COPY OF THE CERTIFICATE ISSUED TO PETITIONER'S WIFE DATED 29/11/2010 ISSUED BY DR.R. JAYAKUMAR, D.P.M., M.D. EXT.P8: COPY OF THE PETITION FOR SETTING ASIDE THE EXPARTE DECREE DATED 24/08/2006. EXT.P9: COPY OF THE PETITION FOR CONDONING THE DELAY DATED 24/08/2006. EXT.P10: COPY OF THE APPLICATION FOR RESTORING THE PETITION FOR SETTING ASIDE THE EX-PARTE DECREE DATED 04/01/2011. EXT.P11: COPY OF THE PETITION FOR CONDONING DELAY DATED 04/01/2011. EXT.P12: COPY OF THE PETITION FOR STAYING THE EXECUTION OF THE SALE DEED TILL EXHIBITS P10 AND P11 ARE CONSIDERED AND DISPOSED OFF DATED 04/01/2011. EXT.P13: COPY OF THE ORDER DATED 31/03/2011 IN I.A. NO.74/2011 AND I.A. NO.76/2011 IN O.S. NO.23/2005 PASSED BY THE SUB COURT, NEYYATTINKARA. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P.JOSEPH, J. ==================================== O.P(C) No.1569 of 2011 ==================================== Dated this the 26th day of September, 2011 J U D G M E N T Heard counsel on both sides. 2. The dispute was referred to the Mediation Centre for mediation and settlement. The Mediator, by letter dated 19.09.2011 has reported that dispute is settled between parties. The settlement agreement signed by the contestants and their counsel is appended to the said letter. 3. Counsel on both sides agreed that parties have settled the dispute as stated in the settlement agreement and prayed that this Original Petition be disposed of recording the settlement. Learned counsel also submitted that the remuneration payable to the Mediator may be fixed as `10,000/- payable in equal proportion by both sides. Accordingly this Original Petition is disposed of in terms of the settlement reached at the Mediation Centre as revealed from O.P(C) No.1569 of 2011 -: 2 :- the settlement agreement. The settlement agreement shall form part of this judgment. The remuneration payable to the Mediator is fixed as `10,000/- (Rupees Ten thousand only) payable in equal proportion by the parties within a month from this day. THOMAS P. JOSEPH, JUDGE. vsv