IN THE HIGH COURT 0F KERALA AT ERNAKULAM PRESENT THE HONouRABLE rm.]uSTICE K. BABu MONDAY, THE 4TH DAY 0F APRIL 2022 / 14TH CHAITHRA, 1944 RSA NO. 13410F 2015 AGAINST THE DECREE AND JUDGMENT DATED 3®.10.2013 IN AS 18/2012

0F SUB COURT,KOCHI AGAINST THE DECREE AND JUDGMENT DATED 29.02.2012 IN 0S

43®/2009 0F ADDITIONAL MUNSIFF COURT,KOCHI APPELLANT/RESPONDENT/PLAINTIFF:

BENSY @ B0NEFAS RODRIGUES AGED 55 YEARS S/0 MERCILLIN RODRIGUES, KOLLAMVELIYAKATH HOUSE,NJARAKKAL PO, KOCHI TALUK BY ADVS.

SRI . G . HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENTS/APPELLANTS/DEFENDANTS:

T.M.KOYA, AGED AROUND 66 YRRAS, S/0 MUHAMMEDUNNI, THERAYIL HOUSE,1X/1112, MALIPPURAM PO, KOCHI TALUK, 682 511 *2 SEBASTIAN, AGED AROUND 48 YEARS, (DELETED), S/0 ANTONY, THEKKEVEETIL HOUSE,NJARAKKAL PO, KOCHI-TALUK-682 505 *3 BABU, AGED AROUND 54 YEARS, (DELETED)

S/0 THANKAPPAN, ANCHALASSERY HOUSE, ELAMKUNNAPUZHA PO, KOCHI TALUK-682 503 (*RESPONDENTS 2 AND 3 ARE DELETED FROM THE PARTY ARRAY AT THE RISK 0F THE APPELLANT AS PER ORDER DATED 04.04.2022 IN IA.1/2022.)

BY ADVS.

SRI.ABDUL JALEEL.A FOR RI SMT. SULFIA M.A. FOR RI SMT. SHEHEERA P.Y FOR R1 RSA NoS.1341 of 2015 & 99 of 2®16 SRI.P.K.ABDU RAHEEM FOR R3 SRI.P.CHANDRASEKHAR FOR R3 SRI.K.NANDAKUMAR FOR R3 SRI.S.PRASANTH FOR R3 SMT.UMA FOR R3 THIS REGULAR SECOND APPEAL HAVING BEEN HEARD 0N

04.04.2022, ALONG WITH RSA.99/2016, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:

RSA Mos.1341 of 2015 & 99 of 2016 IN THE HIGH COURT 0F KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU MONDAY, THE 4TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 RSA NO. 99 0F 2016 AGAINST THE DECREE AND JUDGMENT DATED 30.10.2013 IN AS 20/2012

0F SUB COURT,KOCHI AGAINST THE DECREE AND JUDGMENT DATED 29.®2.2012 IN OS NO.430/2®®9 0F ADDITIONAL MUNSIFF COURT,l{OCHI APPELLANT/1ST RESPONDENT/PLAINTIFF :

BENSY @ B0NEFAS RODRIGUES AGED 55 YEARS S/0. MERCILLIN RODRIGUES, KOLLAMVELIYAKATH HOUSE, NJARAKKAL P.0., KOCHI TALUK.

BY ADVS.

SRI . G . HARIHARAN SRI . PRAVEEN . H .

RESPONDENTS/RESPONDENTS 2 AND 3 AND APPELLANT/DEFENDANTS:

TM KOYA, AGED AROUND 66 YEARS, S/0. MUHAMMEDUNNI, THERAYIL HOUSE, IX/1112, MALIPPURAM P.0., KOCHI TALUK -682 511.

*2 SEBASTIAN , ( DELETED )

AGED 47 YEARS S/0. ANTONY, THEKKEVEETIL HOUSE, NJARAKKAL P.0, KOCHI TALUK -682 505, *3 BABU , ( DELETED )

AGED 54 YEARS S/0. THANKAPPAN, ANCHALASERY HOUSE, ELAMKUNNAPUZHA P,0., KOCHI TALUK -682 503.

(*RESPONDENTS 2 AND 3 ARE DELETED FROM THE PARTY ARRAY AT THE RISK 0F APPELLANTS AS PER ORDER DATED

04.04.2022 IN IA.1/2022.)

BY ADVS.

SMT.SHAHEERA.P.J FOR R1 RSA NoS.1341 of 2015 & 99 of 2016 SRI.ABDUL JALEEL.A FOR RI SMT.M.A.SULFIA FOR RI SRI.P.CHANDRASEKHAR FOR R3 SMT.MARY RESHMA GEORGE FOR R3 SMT.P.M.MAZNA MANS00R FOR R3 SRI.S.PRASANTH FOR R3 THIS REGULAR SECOND APPEAL HAVING BEEN HEARD ON

04.04.2022, ALONG WITH RSA.1341/2015, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:

RSA Mos.1341 of 2015 & 99 of 2016 K.BABU, I.

R.S,A. Nos,1341 of 2015 & 99 of 2016 Dated this the 4th day of April, 2022 luDGMENT These Regular Second Appeals arise from the common judgment passed by the Subordinate judge's Court, Kochi, in A.S.Nos. 18 of 2012 and 20 of 2012, The parties were referred to mediation, A report has been submitted by the Mediator, Ernakulam Mediation Centre (High Court Hall), Ernakulam, stating that the disputes have been settled. The memorandum of agreement is appended to the report. It is stated in the memorandum that, the disputes between the parties have been amicably settled. The terms arrived at between the parties are lawful.

Hence, these Regular Second Appeals are disposed of, recording the aforementioned agreement entered into between the parties. The memorandum of agreement shall form part of this judgment.

Sd/-

K . BABU JUDGE VPK ERNAKULAM MEDIATION CENTRE (H.GH COURT HALL)

2nd floor. above SBl, lliah Court buildina, Emakulam, Kochi -31.

(ph.o484-2562238:ated„€.a.\.?..[.€`

i.hha[l\

EMC/Reg. No..

From The Nodal Officer, High Court Mediation Centre.

TO The Registrar Uudicial), High Court of Kerala.

Ernakulam S