2025:KER:31754 1 MAT.APPEAL NOS.250 & 254 OF 2013 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 MAT.APPEAL NO. 250 OF 2013 AGAINST THE ORDER DATED 11.02.2013 IN OP NO.118 OF 2012 OF FAMILY COURT, IRINJALAKUDA APPELLANT/PETITIONER: 1 BABY [DIED] AGED 53 YEARS W/O.THOMAS, POZHOLIPARAMBIL, MADAYAIKONAM VILLAGE, THALIYAKONAM DESOM, MUDUNDAPURAM TALUK. 2 ADDL.A2. JINEESH THOMAS, AGED 35, S/O.LATE THOMAS, RESIDING AT POZHOLIPARAMBIL HOUSE, MADIYAKONAM VILLAGE, NOW RESIDING AT KUTTUR VILLAGE, TRISSUR TALUK AND DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, NEETHU JINEESH, W/O.JINEESH THOMAS, AGED 33, RESIDING AT POZHOLIPARAMBIL HOUSE, KUTTUR VILLAGE, TRISUR TALUK AND DISTRICT. THE LEGAL REPRESENTATIVE OF DECEASED SOLE APPELLANT(PETITIONER IN IA 1/2019) IS IMPLEADED AS ADDITIONAL APPELLANT 2, AS PER ORDER DATED 17.10.2019 IN IA 1/2019 IN MAT.APPEAL 250/2013. BY ADV SRI.T.N.MANOJ RESPONDENT/RESPONDENT: 1 THOMAS S/O POZHOLIPARAMBIL ANTHONY, MADAYAIKONAM VILLAGE, THALIYAKONAM DESOM,MUKUNDAPURAM TALUK. 686502. (DIED) 2025:KER:31754 2 MAT.APPEAL NOS.250 & 254 OF 2013 2 ADDL.R2.JOSHY THOMAS, S/O.LATE THOMAS, RESIDING AT POZHOLIPARAMBIL HOUSE, MAPRANAM VILLAGE, MADAYIKONAM.P.O.- 680 712. ADDL R2 IS IMPLEADED AS THE LRS OF DECEASED SOLE RESPONDENT AS PER ORDER DATED 23.01.2020 IN IA 3/2019. BY ADV SRI.G.SREEKUMAR CHELUR THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON 08.04.2025, ALONG WITH Mat.Appeal.254/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:31754 3 MAT.APPEAL NOS.250 & 254 OF 2013 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 MAT.APPEAL NO. 254 OF 2013 AGAINST THE ORDER DATED 11/2/2013 IN OP NO.116 OF 2012 OF FAMILY COURT, IRINJALAKUDA APPELLANT/RESPONDENT: 1 BABY [DIED] W/O.THOMAS, POZHOLIPARAMBIL, MADAYAIKONAM VILLAGE, THALIYAKONAM DESOM, MUKUNDAPURAM TALUK. 2 ADDL. A2.SRI.JINEESH THOMAS, AGED 35, S/O.LATE THOMAS, RESIDING AT POZHOLIPARAMBIL HOUSE, MADIYAKONAM VILLAGE, NOW RESIDING AT KUTTUR VILLAGE, TRISSUR TALUK AND DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, NEETHU JINEESH, W/O.JINEESH THOMAS, AGED 33, RESIDING AT POZHOLIPARAMBIL HOUSE, KUTTUR VILLAGE, TRISUR TALUK AND DISTRICT. THE LEGAL HEIR OF THE DECEASED APPELLANT IS IMPLEADED AS ADDITIONAL 2ND APPELLANT AS PER ORDER DATED 23RD JANUARY, 2023 IN IA 1 OF 2019 IN MAT.APPEAL 254/13. BY ADV SRI.T.N.MANOJ RESPONDENT/PETITIONER: 1 THOMAS S/O.POZHOLIPARAMBIL ANTHONY, MADAYAIKONAM VILLAGE, THALIYAKONAM DESOM, MUKUNDAPURAM TALUK 686 502. [DIED] 2025:KER:31754 4 MAT.APPEAL NOS.250 & 254 OF 2013 2 ADDL.R2.JOSHY THOMAS, S/O.THOMAS, S/O.LATE THOMAS, RESIDING AT POZHOLIPARAMBIL HOUSE, MAPRANAM VILLAGE, MADAYIKONAM.P.O.- 680712.(LEGAL REPRESENTATIVE OF THE DECEASED RESPONDENT IS IMPLEADED AS ADDITIONAL 2ND RESPONDENT AS PER ORDER DATED 23RD JANUARY 2023, IN IA 3/2019 IN MAT.APPEAL 254 /2013. BY ADV SRI.G.SREEKUMAR CHELUR THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON 08.04.2025, ALONG WITH Mat.Appeal.250/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:31754 5 MAT.APPEAL NOS.250 & 254 OF 2013 Sathish Ninan, & Shoba Annamma Eapen, JJ. ============================== Matrimonial Appeal Nos.250 & 254 of 2013 ========================================= Dated this the 8th day of April, 2025 JUDGMENT Sathish Ninan, J. A memo has been filed by the counsel appearing for respondents pointing out that the disputes between the parties have been settled during the course of Execution Proceedings. A copy of the settlement agreement has been produced before this Court. Condition No.(4) is to the effect that MAT Appeal Nos.250/2013, 252/2013 & 254/2013 pending before this Court will be withdrawn. MAT Appeal No.252/2013 was already dismissed as abated. In the light thereof, MAT Appeal Nos.250/2013 & 254/2013 are dismissed as withdrawn. Sd/- Sathish Ninan, Judge Sd/- Shoba Annamma Eapen, Judge rsr