Dinto Devassy vs Jipsy K P

Type Court Judgment Court Kerala Orders Decided Apr 01, 2024

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Citation: sooperkanoon.com/1319399
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V,Honourable Mr. Justice P.M.Manoj
Decided On: Apr 01, 2024
Case Number: OP (FC)/203/2024

Parties & Advocates

Appellant / Petitioner

Dinto Devassy

Respondent

Jipsy K P

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice raja vijayaraghavan v & the honourable mr. justice p.m.manoj monday, the 1st day of april 2024 / 12th chaithra, 1946 op (fc) no. 203 of 2024order in i.a 5/2024 in op no.647 of 2023 of familycourt, aluva petitioner/petitioner in op 647/2023 of family court, dinto devassy aged 40 years s/o devassy, avupadan house, ayampuzha cutting desom, ayampuzha village, aluva ernakukulam represented by power of attorney holder thressiamma devassikutty w/o devassy, avuppadan house, ayampuzha cutting desom, ayampuzha village, aluva, ernakulam, pin - 683581 by adv vishnu r. respondent/respondent in op 647/2023 of family court, jipsy k p d/o k.l poulose, avupadan house, cutting, ayampuzha p.o., angamali, ernakulam, pin - 683581 this op (family court) having come up for admission on 01.04.2024, the court on the same day delivered the following:judgmentraja vijayaraghavan, j.we have heard sri vishnu r. , the learned counsel appearing for the petitioner and the party respondent, who appeared in person.2. it appears that the parties had arrived at a compromise and a settlement agreement was entered into and on its basis the proceedings were disposed of by the family court.3. the contention of the petitioner is that though during theinteraction, the respondent wife had agreed to withdraw all pending proceedings, later when he had occasion to go through the agreement, it was found that some cases were not included.4. jipsy, the respondent pointed out that the parties neverintended to withdraw all the proceedings and their decision is clearly detailed in the agreement signed by both parties and their respective counsel. at this stage the learned counsel appearing for the petitioner sought permission to withdraw the original petition. this original petition is dismissed as withdrawn. raja vijayaraghavan v p.m.manoj iap

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V & THE HONOURABLE MR. JUSTICE P.M.MANOJ MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 OP (FC) NO. 203 OF 2024

ORDER IN I.A 5/2024 IN OP NO.647 OF 2023 OF FAMILY

COURT, ALUVA PETITIONER/PETITIONER IN OP 647/2023 OF FAMILY COURT, DINTO DEVASSY AGED 40 YEARS S/O DEVASSY, AVUPADAN HOUSE, AYAMPUZHA CUTTING DESOM, AYAMPUZHA VILLAGE, ALUVA ERNAKUKULAM REPRESENTED BY POWER OF ATTORNEY HOLDER THRESSIAMMA DEVASSIKUTTY W/O DEVASSY, AVUPPADAN HOUSE, AYAMPUZHA CUTTING DESOM, AYAMPUZHA VILLAGE, ALUVA, ERNAKULAM, PIN - 683581 BY ADV VISHNU R. RESPONDENT/RESPONDENT IN OP 647/2023 OF FAMILY COURT, JIPSY K P D/O K.L POULOSE, AVUPADAN HOUSE, CUTTING, AYAMPUZHA P.O., ANGAMALI, ERNAKULAM, PIN - 683581 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Raja Vijayaraghavan, J.

We have heard Sri Vishnu R. , the learned counsel appearing for the petitioner and the party respondent, who appeared in person.

2. It appears that the parties had arrived at a compromise and a settlement agreement was entered into and on its basis the proceedings were disposed of by the Family Court.

3. The contention of the petitioner is that though during the

interaction, the respondent wife had agreed to withdraw all pending proceedings, later when he had occasion to go through the agreement, it was found that some cases were not included.

4. Jipsy, the respondent pointed out that the parties never

intended to withdraw all the proceedings and their decision is clearly detailed in the agreement signed by both parties and their respective counsel. At this stage the learned counsel appearing for the petitioner sought permission to withdraw the Original Petition. This Original Petition is dismissed as withdrawn. RAJA VIJAYARAGHAVAN V P.M.MANOJ IAP

Same Court & Year Kerala Orders · 2024 Same Parties Dinto Devassy vs Jipsy K P Same Judge Honourable Mr. Justice Raja Vijayaraghavan V,Honourable Mr. J...