IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 MFA.No. 170 of 2009 SOP.11/2006 of PRINCIPAL SUB COURT, PALAKKAD .................... APPELLANT(S): RESPONDENTS 9 TO 12,14,16 & 17 1. M.AMMALUKUTTY AMMA, D/O.LATE E.KRISHNANUNNI, RESIDING AT 7/768, 'THUSHAR', MANIYAMKADE ROAD, KOPPAM, PALAKKAD. 2. M.LEELA C.MENON, D/O.LATE E.KRISHNANUNNI, RESIDING AT 'SUREMYA', MANIYANKADE ROAD, KOPPAM, PALAKKAD. 3. M.K.RADHAKRISHNAN, S/O.LATE E.KRISHNANUNNI, RESIDING AT 'KRISHNA VIHAR', 74/A, BHARATHI NAGAR, MULAPALAYAM P.O., ERODE-2, TAMILNADU. 4. M.K.GOPALAKRISHNAN, S/O.LATE E.KRISHNANUNNI, RESIDING AT 'SILPASREE', MANIYAMKADE ROAD, KOPPAM, PALAKKAD. 5. M.SETHUMADHAVAN, S/O.LATE E.KRISHNANUNNI,RESIDING AT 'SREELAKSHMI', MANIYAMKADE ROAD, KOPPAM, PALAKKAD. 6. M.BALACHANDRAN, S/O.LATE E.KRISHNANUNNI, RESIDING AT 'SREELAYAM', KRISHNANUNNI ENCLAVE, MANIYAMKADE ROAD, KOPPAM, PALAKKAD. 7. VATSALA GOPINATH, D/O.LATE E.KRISHNANUNNI, RESIDING AT 7/67, 'GOPIKA', MANIYAMKADE ROAD, KOPPAM, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S): R15 & 13/PETITIONERS/R1 TO 8 1. M.DAMODARAN, S/O.LATE E.KRISHNANUNNI, RESIDING AT 480, N.G.O.COLONY, ADIYAPADAM STREET, COIMBATORE-22, TAMILNADU. MFA.No. 170 of 2009 :: 2 :: 2. REMA KARUNAKARAN, D/O.LATE E.KRISHNANUNNI, RESIDING AT B-26, 'RAJANIDEEP', AAKKAR COMPLEX, G.I.D.C.ROAD, MANJALPOOL, BARODA, GUJARAT-390011. 3. RADHA BALAKRISHNAN, W/O.BALAKRISHNAN, RESIDING AT RADHA VIHAR, PATHIYIL HOUSE, CHITTILANCHERY, PALAKKAD DISTRICT. 4. GOWRI RAGHAVESWARAN, W/O.RAGHAVESWARA, RESIDING AT RAMA NILAYAM, PATHIYIL HOUSE, CHITTILANCHERY, PALAKKAD DISTRICT. 5. SANTHA RAGHAVAN, W/O.RAGHAVAN NAIR, RESIDING AT MURALI NIVAS, SOUTH VILLAGE, MELARKODE, PALAKKAD. 6. P.PARAMESWARAN, S/O.LATE RAMAN NAIR, RESIDING AT 388, CHANDRANAGAR EXTENSION, PALAKKAD. 7. GOPI MOHAN, S/O.LATE SAROJINI AMMA, RESIDING AT SAROJ, PUTHIYANKAM, PALAKKAD. 8. MALINI DEVI, W/O.ARAVINDAKSHA MENON, RESIDING AT 17, SANTHI NAGAR, PALAKKAD. 9. VIJAYAKUMAR, S/O.LATE SAROJINI AMMA. 10. RAMADAS, S/O.LATE SAROJINI AMMA. 11. SASIDHARAN, S/O.LATE SAROJINI AMMA. 12. NALINI, W/O.PADMANABHAN UNNI. 13. NANDHINI, D/O.LATE SAROJINI AMMA. 14. NANDAKUMAR, S/O.LATE SAROJINI AMMA. (RESPONDENTS 9 TO 14 ARE RESIDING AT SAROJ, PUTHIYANGAM, PALAKKAD) ADV. SRI.U.BALAGANGADHARAN FOR R3 TO R5 SRI.S.M.UNNIKRISHNAN FOR R3 TO R5 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2010, ALONG WITH MFA NO.169 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.Nos.170 & 169 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August 2010 JUDGMENT Basheer, J. These two appeals are directed against a common order arising from two proceedings instituted under Section 372 of the Indian Succession Act. 2. The court below disposed of the two original petitions filed by the legal heirs of a deceased couple directing issue of succession certificate in favour of Sri.P.Parameswaran (Petitioner No.4 in S.O.P.No.11/06) on behalf of the other petitioners in the said original petition and also on behalf of respondents 1 to 8 in the said petition so as to enable them to withdraw the sum of Rs.11,53,017.25/- on production of requisite court fee within one month from the date of the order. However, the other petition (S.O.P.No.13/06) was dismissed. 3. The common appellants have challenged the above common order passed by the court below in these two appeals raising various contentions. We do not propose to refer to or to deal with those contentions at this stage in view of the subsequent developments. 4. It is heartening to note that the two sides who are close relatives have buried their hatchet, thanks to the intervention of the Mediation Centre attached to this Court. The memorandum of mediation settlement drawn up between the two sides has been filed by the Mediator. The memorandum has been signed by all the parties and their respective counsel in the presence of the mediator Ms.Prabha R. Menon, Advocate. M.F.A.Nos.170 & 169 OF 2009 :: 2 :: 5. Going by the settlement arrived at between the parties, it has been agreed that S.O.P.No.13/06 be allowed and S.O.P.No.11/06 be dismissed. It is further agreed between the parties that the succession certificate be issued in the name of Mrs.Valsala Gopinath who is appellant No.7 in MFA (Succession) Nos.169/09 and 170/09 for the entire sum of Rs.11,53,017.25/-. The parties have further agreed that a sum of Rs.9,00,000/- (Rupees nine lakhs) out of the above sum will be paid to Sri.Parameswaran who is respondent No.6 in MFA (Sucession) Nos.169/09 and 170/09). More importantly, the respondents in the above two appeals have agreed that they will have no further claim against any property, either movable or immovable, left behind by late P.Sukumaran Nair or Mrs.Nalini Nair. 6. The succession certificate shall be issued as agreed between the parties on payment of requisite court fee as contemplated under law. The memorandum of settlement shall form part of this judgment. 7. Learned counsel for the parties submit that the fee payable to the Mediator shall be paid by both sides within one week from today. The above submission is recorded. The appeals are disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes