P.B.Suresh Kumar, J.
This appeal is preferred against the decree and judgment in O.S.No.492 of 2003 on the file of the Additional Sub Court, Thiruvananthapuram. The defendants in the suit are the appellants. The suit, O.S.No.492 of 2003 was one for partition. A preliminary decree was passed in the suit declaring the one fourth share of the plaintiff over the plaint schedule properties.
2. In this appeal, the matter was referred for mediation and it is now reported that the matter was settled between the parties at the mediation. The memorandum of settlement arrived at between the parties at the mediation is also forwarded to this Court. A perusal of the memorandum of settlement indicates that the matter has been settled between the parties. In view of the settlement arrived at between the parties at the mediation, the impugned decree and judgment are set aside and the suit, O.S.No.492 of 2003, is disposed of in terms of the settlement. A copy of the memorandum of R.F.A.No.409 of 2007 -:2:-
settlement arrived at between the parties at the mediation shall be appended to this judgment and the original shall be preserved. In view of the provision contained in section 69A of the Kerala Court Fees and Suits Valuation Act, the court fee paid on this appeal by the appellants shall be refunded to them.
P.N.RAVINDRAN, Judge.
ahg.
P.B.SURESH KUMAR, Judge P.N.RAVINDRAN & P.B.SURESH KUMAR, JJ.
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R.F.A. No.409 of 2007 -------------------------------------
JUDGMENT 23rd October 2014