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Kerala High Court
Muhammed Kutty vs Avva Umma on 4 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 686 of 2007()


1. MUHAMMED KUTTY, S/O.MUHAMMEDKUTTY,
                      ...  Petitioner

                        Vs



1. AVVA UMMA, D/O.ALIKKUTTY,
                       ...       Respondent

                For Petitioner  :SMT.PRABHA R.MENON

                For Respondent  :SRI.A.KRISHNAN

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :04/08/2010

 O R D E R
               R.BASANT & M.C.HARI RANI, JJ.
                      **********************
                  Mat.Appeal No.686 of 2007
                       *********************
              Dated this the 4th day of August, 2010

                          JUDGMENT

BASANT, J.

Parties were referred to a Mediator and it is reported that

the parties have settled their disputes before the Mediator. A

joint application reporting settlement has been filed. Such

petition is signed by both parties and is duly countersigned by

their counsel.

2. We accept the joint statement and the compromise

reported vide I.A No.2080 of 2010 dated 26.07.2010.

3. The impugned order is one directing the appellant to

pay amounts to the respondent. The entire amount due under

the impugned decree has already been paid and the entire claim

has been settled and an amount of Rs.5,40,000/- (Rupees Five

lakhs forty thousand only) has been paid and accepted in full

satisfaction of the impugned order, it is reported. Both counsel

pray that I.A No.2080 of 2010 may be allowed and the

compromise accepted and the appeal allowed in terms of the

compromise settlement.

Mat.Appeal No.686 of 2007 2

4. We are satisfied that the request can be accepted.

5. In the result:

      a)    I.A.No.2080 of 2010 is allowed;

      b)    The joint compromise statement is accepted;

      c)    Accordingly this appeal is allowed and the impugned

order is set aside recording satisfaction;

d) The joint compromise petition I.A.No.2080 of 2010

shall be annexed to this judgment;

e) Needless to say, the interim order dated 19.12.2007

and all other interim orders shall stand vacated.

(R.BASANT, JUDGE)

(M.C.HARI RANI, JUDGE)
rtr/


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