IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN

&

THE HONOURABLE MR.JUSTICE G. GIRISH

THURSDAY, THE 18TH DAY OF JANUARY 2024 / 28TH POUSHA, 1945

FAO NO. 74 OF 2016

AGAINST THE ORDER DATED 10.09.2015 IN I.A.NO.10476/2013 IN OS NO.1583/2008 OF PRINCIPAL SUB COURT, THRISSUR

APPELLANT/PETITIONER/2ND DEFENDANT:

JOSHY AGED 63 YEARS S/O LATE VELAYUDHAN, BLANGAD HOUSE, NATTIKA VILLAGE, NATTIKA BEACH DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT.

BY ADVS. SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.VINAYA V.NAIR

RESPONDENTS/RESPONDENTS/PLAINTIFF & DEFENDANT NOS.1, 3 & 4:

• 1 MINI W/O SIVARAJAN, ARUKETTY HOSUE, KUNDALIYOOR DESOM, ENGADIYOOR VILLAG,E CHAVAKKAD TALUK, THRISSUR DISTRICT.
• 2 BALAKRISHNAN S/O LATE VELAYUDHAN, BLANGAD HOUSE, NATTIKA VILLAG,E NATTIKA BEACH DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-680566.
• 3 BINDU W/O BABU, PANDIYATH HOUSE, KOORKKENCHERRY P.O. THRISSUR-680 007.
• 4 DEVAKY W/O LATE VELAYUDHAN, BLANGAD HOSUE, NATTIKA VILLAGE, NATTIKA BEACH DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-680566.

BY ADV SRI.G.SREEKUMAR CHELUR

THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR HEARING ON 18.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

G.Girish, J.

The 2nd defendant in O.S.No.1583 of 2008 of the Principal Sub Court, Thrissur has filed this appeal challenging the order of dismissal of delay condonation petition and petition to set aside the ex parte decree passed against him by the said court on 10.09.2015.

2. On 04.03.2009, the learned Principal Sub Judge has passed an ex parte preliminary decree for partition of the suit properties in O.S.No.1583 of 2008 of the said court. Though the appellant filed an application for setting aside the above ex parte decree with a petition to condone the delay of 1280 days, the learned Sub Judge declined to grant the prayers sought for, and accordingly dismissed both petitions on 10.09.2015. Challenging the above orders passed by the learned Principal Sub Judge, Thrissur in I.A.No.10476 of 2013 and I.A.No.10477 of 2013 in O.S.No.1583 of 2008, the appellant has preferred this appeal before this Court.

3. When the case was taken up for hearing on 23.03.2023, the counsel representing both parties submitted that the parties are agreeable for settlement in mediation, and accordingly the case was referred to District Mediation Centre, Thrissur with the direction to the parties to appear at the said mediation centre on 04.04.2023.

4. Today, when the case was taken up for hearing, the learned counsel representing both sides submitted that the matter has been

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F.A.O.No.74 of 2016

amicably settled between the parties in the mediation conducted at District Mediation Centre, Thrissur, and that the terms of settlement, reduced in writing, and signed by the parties and their pleaders, is forwarded by the Mediator to this Court through the said Mediation Centre.

5. As per the mediation agreement, the parties have arrived at a consensus to have the preliminary and final decrees passed in this case, annulled and to have the properties allocated as per the terms and conditions stipulated thereunder.

6. On going through the mediation agreement signed by the parties and their pleaders, it appears to be expedient in the interests of justice that this case has to be disposed of in terms of the above settlement between the parties.

In the result, this appeal as well as the original suit in which it arose, are disposed of in terms of the settlement between the parties as envisaged by the Mediation Agreement dated 23.09.2023 signed by the parties and their pleaders. The above Mediation Agreement will form part of this judgment.

Sd/- ANIL K. NARENDRAN, JUDGE

Sd/- G. GIRISH, JUDGE

jsr

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