IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA.No. 459 of 2009()
1. P.C.CHANDRASEKHARAN,S/O. PANKAJAKSHY-
... Petitioner
Vs
1. GIRIJA DEVI, D/O.BALACHANDRAN, AGED
... Respondent
2. PADMAKSHY AMMA, D/O. MADHAVI AMMA,
3. AMBIKA DEVI, D/O.PADMAKSHY AMMA,
4. UNNIKRISHNAN,S/O. PADMAKSHY AMMA, AGED
5. DIVAKARAN S/O. PADMAKSHY AMMA,
6. BALACHANDRAN,S/O. PADMAKSHY AMMA,
7. RATHNAMMA, W/O RAMAN PILLAI, AGED 81
8. A.R.RAJAN,S/O. RAMAN PILLAI, AGED 59,
9. SANTHAMMA D/O. RAMAN PILLAI, AGED 57,
10. NIRMALA D/O. RAMAN PILLAI, AGED 55,
11. RADHAMANI AMMA, D/O. PANKAJAKSHY AMMA
For Petitioner :SRI.P.BABU KUMAR
For Respondent :SRI.M.M.MATHEW (MANNOOR ETTONNIL)
The Hon'ble MR. Justice M.N.KRISHNAN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :11/01/2011
O R D E R
M.N. KRISHNAN & P.S. GOPINATHAN, JJ.
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R.F.A. 459 OF 2009
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Dated this the 11th day of January, 2011.
J U D G M E N T
GOPINATHAN, J.
10th defendant in O.S.236/06 on the file of
the II Additional Sub Judge, Ernakulam is the
appellant. First respondent herein instituted
the above suit seeking a decree of partition.
After a full-fledged trial, the suit was decreed
whereby the plaintiff was found entitled to get
one out of three shares over the plaint schedule
property. Consequently, appropriate reliefs
were granted by the impugned preliminary decree.
Challenging the above preliminary decree this
appeal was preferred by the 10th defendant to
whom 1/3rd share was granted along with 11th
defendant. The matter was referred to the
Mediation Centre and it was settled in between
R.F.A. 459 OF 2009
-:2:-
the appellant/10th defendant and the first
respondent(plaintiff). Accordingly, settlement
agreement was drafted and signed by the
appellant/10th defendant and first
respondent/plaintiff and their counsel. We find
no reason to reject the settlement agreement as
it is in accordance with law. By the settlement
agreement the appellant/10th defendant had
agreed to purchase the share of the first
respondent for value shown therein under clause
(4).
2. In the above circumstances the appeal
is disposed of in terms of the settlement
agreement. The judgment and decree impugned
would stand modified to that extent. Settlement
agreement dated 20.12.2010 would form part of
the decree.
Sd/-M.N. KRISHNAN, JUDGE.
Sd/-P.S. GOPINATHAN, JUDGE.
ul/- true copy
P.A. to Judge.