Kerala High Court
Ambi vs State Of Kerala on 10 July, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 10™ pay oF JULY 2025 / 19TH ASHADHA, 1947
OP (C) NO. 2407 OF 2017
OS NO.427 OF 2012 ON THE FILES OF THE ADDITIONAL SUB COURT,
NORTH PARAVUR
PETITIONER/ DEFENDANT:
*1
AMBIT
AGED 59 YEARS, S/O.ACHUTHAN, KALATHIL HOUSE,
PARAVUTHARA KARA, PARAVUR TALUK, PARAVUR VILLAGE. (DIED)
*ADDITIONAL P2 TO P4 IMPLEADE.
GEETHA M P
AGED 55 YEARS, W/O LATE AMBI,
KALATHIL HOUSE, PARAVUTHARA KARA, PARAVUR TALUK,
PARAVUR VILLAGE-683 511.
AKHIL KA
AGED 28 YEARS, S/O LATE AMBI, KALATHIL HOUSE,
PARAVUTHARA KARA, PARAVUR TALUK,
PARAVUR VILLAGE~683 511.
ADITH KA
AGED 25 YEARS, S/O LATE AMBI, KALATHIL HOUSE,
PARAVUTHARA KARA, PARAVUR TALUK, PARAVUR VILLAGE ~ 683
$11.
* (ARE IMPLEADED AS ADDITIONAL P2 TO P4 IN THE ORIGINAL
PETITION VIDE ORDER DATED 31/03/2023 IN IA 1/23)
BY ADV SRI.S.DILEEP (KALLAR)
RES PONDENT/ PLAINTIFF:
zi
STATE OF KERALA
REPRESENTED THROUGH DISTRICT COLLECTOR,
COLLECTORATE, ERNAKULAM- 682030.
ANANDAVALLI
AGED 56 YEARS, W/O. PRAKASHAN, NEDUMBANKUZHI HOUSE,
RARINGHANTHURUTHU KARA. ALANGAD VILLAGE, PARAVUR TALUK-
683 $12
OF (C) NO. 2407 OF 2017
SRI .DEEPAK JOY.K.
SMT.SHEEBA G. GP
THIS OP (CIVIL) HAVING COME UP FOR HEARING ON 10.07.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
s
OP({C} NO. 2407 OF 2017
DGMENT
The matter is settled between the parties by recourse to
Section 89 of the Code of Civil Procedure, 1908, on a reference
made by this Court for mediation by the Mediation Centre, High
Court of Kerala. The Mediator has submitted a memorandum of
agreement dated 02.07.2025 along with his report. This original
petition is disposed of in the light of the said agreement. The
memorandum of agreement shall form part of this judgment.
Sd/-
MURALI PURUSHOTHAMAN, JUDGE
YKB
a i
OF(C) NO. 2407 OF 2017
PETITIONER EXHIBITS
EXHIBIT Pi :
EXHIBIT P2 :
EXHIBIT P3 :
EXHIBIT P4 :
RESPONDENT EXHIBITS
Exhibit P5 APPENDIX OF OP(C) 2407/2017 THE TRUE COPY OF THE IA NO.1336/14 IN OSs NO.427/12 THE TRUE COPY OF THE COUNTER FILED IN IA NO.1336/14 THE TRUE COPY OF THE REPORT FILED BY THE GOVERNMENT PLEADER BEFORE THE HONOURABLE ADDL.SUB COURT, PARAVUR.
THE TRUE COPY OF THE ORDER DATED 11-1-2016 IN IA 1336/14 IN OS 427/12 OF THE HONOURABLE ADDL.SUB COURT, PARAVUR.
THE TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE KARUMALLUR GRAMA PANCHAYATH DATED 29/12/2022 thE ([R};
EEE, ERNAKULAM MEDIATION CENTRE (HIGH COURT HALL). _ ne: ftoor, abave yet, High Court puriaing, Emakulam, Kochi-32. (ons0434-2563238) : to { . 7 ee > . < - it
- 0 : _ Hes as EMCyieg No.. aa 22, wot. Dated . ot)5 The Nodai Officer, ake
- "High . 'Court Mediation Centre. . ; to : eS .
"The Registrar Gudicial)" oe High ¢ Court of Kereta, Emakulam. Sir, 7 - a, . :
¢ ars Sub : Mediation of case referred by the Hon' rble High Court of Kerala - . | : reg, r eX a ot Ref : " Referral © wre AO 2403 oye vgepheapaas a snante oa "dated 2 zal 2025. ._.of the Horiorable High Court of Kerala:
' Jam to forward herewith h Report of the Mediator in the matter along . with the enclosures for infermation and necessary ¢ action. _ "Yours Fattntully, _piihon
- - _ a _ | a _ me . MEW Ovfieer, Se ° oe > ., | Emakulam Mediation Centre Enci:- h, Report of the Mediator, Settiement f eement
2. Copy of the referral ofder dated 4 dete. of the High Court of Kerala..
3. Copy of of the Petition cen nn ene ALLEL a pin tp PELL PAM a EE pe pe. BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM QPIC) Ne. 2407 of 2017 Ambi (Died) & Others : Petitioners VS.
State of Kerala & Another : Respondents Mediated, matter is settled. Terms and conditions are attached herewith. S. Dated this the 2nd day of July, 2025. (Ni Adv. Antony P. Mediator Ernakulam Mediation Centre BEFORE THE HONQURABLE HIGH COURT OF KERALA AT ERNAKULAM RELI Ne. S807 af 2007 Amhbi & Others : Petitioners V8.
State of Kerala & Another >; Respondents MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:-
The matter is settled between the parties in the following terms:-
1. The dispute in the above case is fully and finally settled for a total amount of Rs.8,00,000/- (Rupees Eight lakhs only). Upon receipt of the settled amount.
the respondent/plaintiff Anandavally shall not be entitled to claim any further amount from the petitioner /Defendants in respect of the subject matter of the above case.
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2. The legal representatives of the Original petitioner/Defendant, who are now impleaded as Addi.Petitioner/Defendants undertake to pay the settled amount as per the terms of this agreement.
3. Out of the settled amount of Rs.8,00,000/- (Rupees Eight lakhs only), a sum of of Rs.4,00,000/- (Rupees Four lakhs only) has been paid by the Defendants through Bank transfer today and the Plaintiff acknowledges the receipt of the Said amount in full satisfaction to that extent, Petitioners
1. Ambi (Died) Anandavalli 73 of agepem
2. Geetha M P pee:
3, Akhil KA
4. Adith KA \Fa 2 Respondent | Let va -2-
4. The balance amount of Rs.4,00,000/- (Rupees Four lakhs only) shall be paid by the Petitioner/Defendants in 16 (sixteen) monthly installments of Rs.25,000/-
(Rupees Twenty five thousand only) each commencing from the month of August 2025 to Respondent/Plaintiff Anandavally, 5S. In the event of any default in the payment of the remaining amount of RS.4,00,000/- (Rupees Four lakhs only) within the Stipulated period, the Respondent/Plaintiff Anandavally is entitled to continue the execution proceedings a5 per law.
6. The attachment of the property of the Petitioner/Defendants will be lifted after payment of the full amount as above,
6. The first respondent being formal party is not signatory to this settlement agreement.
Dated this the 2nd day of July, 2025. j =o nd $3 3 a 7 Petitioners 2 Respondent _ bre +s
1. Ambi (Died) Anandavalli ~
2.GeethaMP Ey. }y7e-
3, Akhil KA he.
AY LM 4, AdithKA = <1).
ae Counsel for the Petitioners Counsel for the 2m Seep on if 3° -- ~ Gui we The above Settlement Agreement is authenticated Sri, Antony PS (Mediator) ry