IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 MFA.No. 692 of 1999(B) ---------------------- OP.358/1997 of FAMILY COURT,ERNAKULAM .................... APPELLANT: ------------------ DR.MUHAMMED ALI, MALEPARAMBIL HOUSE, MANJUMMEL P.O. BY ADV. SRI.H.BADARUDDIN RESPONDENT: ------------------- R.SHYLA, BEENA MANZIL, PANAYIL, THATTATHUMALA, KILIMANOOR, TRIVANDRUM DIST. ADV. SRI.T.M.RAMAN KARTHA FOR R SRI. ABUL HASSAN(CONCILIATOR) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ------------------------------- I.A.NO. 3511 OF 2008 & M.F.A.NO.692 OF 1999 ------------------------------- Dated this the 12th day of January, 2009 JUDGMENT Harun-Ul-Rashid,J. Respondent is present. The terms of settlement were recorded in the order dated 31/3/2008. In terms of the agreement the appellant/petitioner executed a gift deed conveying 20 cents of land in favour of his two children. Title deeds are handed over today to the children, who are now majors. All the claims raised by the respondent for herself and on behalf of her two children shall stand withdrawn. 2. In view of the above settlement, the petitions filed for setting aside the ex parte decree, for condonation of delay and for restoration of two petitions, which were dismissed for fault, stand allowed. The decree passed in O.S.No.148/2001 on the file of the Family Court, Kollam is set aside. 3. O.P.No.358/97 on the file of the Family Court, Ernakulam and the appeal (MFA.No.692/1999) which arises from the judgment in the said O.P. and I.A.No.3511/08 are closed. Sd/- KURIAN JOSEPH, Judge. Sd/- HARUN-UL-RASHID, Judge. kcv. KURIAN JOSEPH & HARUN-UL-RASHID,J. -------------------------- I.A.NO.3511 OF 2008 & M.F.A.NO.692 OF 1999 -------------------------- JUDGMENT 12th January, 2009