IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 RFA.No. 594 of 2009() --------------------- OS.335/2002 of I ADDL.SUB COURT,ERNAKULAM .................... APPELLANTS: RESPONDENTS/DEFENDANTS ------------------------------------------ 1. SMT.A.V.MARIAMMA, W/O.LATE V.J.JOHN @ VALIAPARAMBIL JOSEPH JOHN, RESIDING AT FLAT NO.1, KARNANI ESTATE, 209, A.J.C.BOSE ROAD, KOLKATA-700 017 NOW RESIDING AT FLAT NO.4D, MEGHDOOT,NO.12, ROWLAND ROAD, KOLKATA-700020,WEST BENGAL. 2. MR.RAJESH V.JOHN, S/O.LATE V.J.JOHN @ VALIAPARAMBIL JOSEPH JOHN, RESIDING AT FLAT NO.1 KARNANI ESTATE, 209, A.J.C.BOSE ROAD, KOLKATA 700 017 NOW RESIDING AT FLAT NO.4D, MEGHDOOT, NO.12, ROWLAND ROAD, KOLKATA 700020, WEST BENGAL. BY ADVS. MR. ABRAHAM VAKKANAL, SENIOR ADVOCATE MR. M.HARISHARMA MR. PAUL ABRAHAM VAKKANAL MR. DIJO SEBASTIAN RESPONDENT(S): PETITIONER/PLAINTIFF: ------------------------------------ MR.VIJAYAN V.JOHN, S/O.LATE V.J.JOHN @ VALIAPARAMBIL JOSEPH JOHN, RESIDING AT FLAT 1 C, "CLASSIQUE RESIDENCY", JANATHA ROAD, VYTILA, POONITHURA VILLAGE, ERNAKULAM 682 019. ADVS. MR. K.K.JOHN MR. MUKESH M.PAI THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- R.F.A. No.594 of 2009 ---------------------------------- Dated this the 8th day of March, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. This appeal was referred for mediation, as envisaged, to the Kerala Mediation Centre. The case was allotted to Sri.P.T. Girijan, trained Mediator attached to the Kerala Mediation Centre. It is reported by the Mediator that the mediation was successful. The agreement executed by all parties and attested by their respective counsel is produced by the Mediator along with his report. We incorporate terms of the above agreement as part of the judgment. Appeal is disposed of incorporating the above terms. Since the court fee paid is not much we are not inclined to order refund. Considering the service rendered by the Mediator we fix a total amount of Rs.5,000/- as remuneration payable to the Mediator. The amount will be paid in equal shares of Rs.2,500/- each by the parties to the appeal. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb