Kerala High Court
Franklin G Thomas vs Margaret Metlon Garseyalias Maggi on 24 February, 2016
Author: Antony Dominic
Bench: Antony Dominic, A.Hariprasad
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2016/5TH PHALGUNA, 1937
RFA.No. 436 of 2014 ()
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AGAINST THE JUDGMENT AND DECREE IN OS NO.25/2011 of I ADDITIONAL SUB
COURT,ERNAKULAM DATED03-03-2014
APPELLANT(S)/PLAINTIFF:
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FRANKLIN G THOMAS, AGED 62 YEARS
S/O.K.T.GARSEY, 4/3 ARVIND NAGAR, KALINA-KURLA ROAD
SANTACRUZ EAST, MUMBAI-400029.
BY ADVS.SRI.P.R.VENKETESH
SRI.P.C.CHACKO(PARATHANAM)
RESPONDENT(S)/DEFENDANT:
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MARGARET METLON GARSEYALIAS MAGGI
W/O.LATE METLON.G.THOMAS, RESIDING ATJN-2
BUILDING NO.52, TYPE A/6, SECTOR 9
NEW MUMBAI-400036.
BY ADVS. SRI.M.P.RAMNATH
SRI.P.RAJESH (KOTTAKKAL)
. SMT.UMA R.KAMATH
SEI.M.VARGHESE VARGHESE
SMT.S.SANDHYA
SRI.BEPIN PAUL
SRI.SHALU VARGHESE
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24-02-2016,
ALONG WITH CO. NO.113/2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
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R.F.A.No.436 of 2014
&
Cross Objection No.113 of 2014
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Dated this the 24th day of February, 2016
COMMON JUDGMENT
Antony Dominic, J.
This appeal is filed by the plaintiff in O.S.No.25 of 2011 on the file of the Sub Court, Ernakulam, challenging the judgment and decree dated 03.03.2014. During the pendency of the appeal, by order dated 14.10.2014, the parties were referred for mediation. Accordingly, the dispute was mediated at the Ernakulam Mediation Centre and the parties have settled their disputes. Incorporating the terms of settlement, they have entered into a memorandum of agreement dated 11.11.2014. Subsequently, they have also produced a sketch along with the memo dated 02.02.2016. Learned counsel for the respondent has thereupon filed a memo dated 23.02.2016, requesting for making the aforesaid sketch a part of the decree to be passed in this appeal.
In view of the settlement thus arrived at between the parties, the appeal and cross objection are disposed of directing that the terms of memorandum of settlement dated 11.11.2014 and the sketch produced R.F.A.No.436 of 2014 & Cross Objection No.113 of 2014 2 along with the memo dated 02.02.2016 will form part of the decree in this appeal and the cross objection.
All pending interlocutory applications will stand closed.
ANTONY DOMINIC, JUDGE.
A. HARIPRASAD, JUDGE.
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