P.B.Suresh Kumar, J.
The plaintiff in O.S.No.142 of 2009 on the file of the Court of the II Additional Subordinate Judge, Ernakulam is the appellant. The said suit was one for partition. Though the suit was decreed, the Special Right claimed by the plaintiff over the suit property was not accepted. Hence this appeal by the plaintiff.
2. In the course of the proceedings, the parties were referred for mediation and the matter has been settled at the mediation. The memorandum of settlement arrived at between the parties at the mediation is part of the records. As per the mediation settlement, the parties have agreed that the suit O.S.No.142 of 2009 on the file of the Court of the II Additional Subordinate Judge, Ernakulam can be disposed of in terms of the settlement.
3. In the circumstances, the judgment and decree in O.S.No.142 of 2009 on the file of the Court of the II Additional Subordinate Judge, Ernakulam are set aside and the suit O.S.No.142 of 2009 on the file of the Court of the II Additional Subordinate Judge, Ernakulam is R.F.A.No.736 of 2010 2 disposed of in terms of the mediation settlement. A copy of the memorandum of settlement shall be appended to this judgment and the original shall be preserved.
Sd/-
P.N.RAVINDRAN, Judge.
Sd/-
P.B.SURESH KUMAR, Judge.
//true copy// P.A. To Judge smv