SAJU THOMAS Vs. SHAJI

JUDGEMENT

(1.) This appeal arises from an order passed by the Additional Sub Court, North Paravur on 1.12.2017 dismissing E.A. No.120 of 2017 filed by the appellant to set aside the sale held on 12.1.2017 in execution of the decree passed in O.S. No.308 of 2009 on the file of the said court.

(2.) When this appeal came up for consideration before this court on 17.1.2018, this court directed the appellant to serve a copy of the memorandum of appeal on Sri. P.B. Pradeep, learned counsel who had appeared for the respondent/decree holder in two other cases in this court. Notice was accordingly served on Sri. P.B. Pradeep and he appeared before us on 18.1.2018. On that day we requested learned counsel for the appellant to ascertain whether the appellant is willing to discharge the decree debt and adjourned the appeal to 21.2018. On 21.2018, the appellant as well as the respondent were present in person. We interacted with them and were satisfied that there is scope for an out of court settlement. We, accordingly referred the parties to mediation and directed that the appeal be called along with the report of the Mediator. Mediation talks were thereupon held and the dispute between the parties was settled. The parties have also entered into a settlement agreement dated 21.2018.

(3.) When the appeal was taken up for consideration today, learned counsel on both sides submitted that the parties have settled their disputes out of court and therefore this appeal may be disposed of in the light of the settlement agreement entered into between the parties.