Kerala High Court
Geetha vs Shaji Babu on 26 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
RSA.No.73 OF 2021
AGAINST THE JUDGMENT AND DECREE IN AS 63/2019 OF DISTRICT
COURT, ALAPPUZHA
AGAINST THE JUDGMENT AND DECREE IN OS 321/2010 OF
PRINCIPAL MUNSIFF,ALAPPUZHA
APPELLANTS/APPELLANTS/DEFENDANTS:
1 GEETHA, W/O. LATE RESHIBABU, KAMBIYIL HOUSE,
AGED 56 YEARS
W/O. LATE RESHIBABU, KAMBIYIL HOUSE,
KUTHIRAPANTHI WARD, ALAPPUZHA WEST VILLAGE,
ALAPPUZHA, PIN-688 002
2 REGI BABU, S/O. RESHI BABU,
AGED 36 YEARS
KAMBIYILHOUSE, KUTHIRAPANTHI WARD, ALAPPUZHA
WEST VILLAGE, ALAPPUZHA, PIN-688 002
3 REJI BABU, S/O. RESHI BABU,
AGED 29 YEARS
KAMBIYIL HOUSE, KUTHIRAPANTHI WARD, ALAPPUZHA
WEST VILLAGE, ALAPPUZHA, PIN-688 002
BY ADV. SRI.SIBI THOMAS JACOB
RESPONDENT/RESPONDENTS/PLAINTIFFS:
1 SHAJI BABU, S/O. LATE KARTHIKEYAN
AGED 60 YEARS,
PONATHUHOUSE, MUNAMPAM, KUZHIPPALLY VILLAGE,
ERNAKULAM (FROM DAIVAPURACKAL HOUSE, BEACH
WARD, ALAPPUZHA WEST VILLAGE, ALAPPUZHA),
PIN-683 515
RSA.No.73 OF 2021
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2 VISWANATHAN,
AGED 63 YEARS
DAIVAPURACKAL HOUSE, BEACH WARD, ALAPPUZHA
WEST VILLAGE, ALAPPUZHA, PIN-688 007
R1 BY ADV. SRI.SURAJ.S
R1 BY ADV. SRI.G.HARIKUMAR
THIS REGULAR SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 26.03.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RSA.No.73 OF 2021
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N. ANIL KUMAR, J.
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R.S.A.No.73 of 2021
---------------------------------------------
Dated this the 26th day of March, 2021
JUDGMENT
The appellants are the legal heirs of the first
defendant in O.S.No.321/2010 on the file of the Munsiff
Court, Alappuzha. The above suit was filed seeking
partition of the scheduled properties with mesne profits.
The Trial Court passed a preliminary decree and
judgment on 27.01.2011. Consequent to the preliminary
decree, I.A.No.1206/2012 seeking to pass a final decree
was filed before the Trial Court. The final decree was
passed on 06.02.2017. Challenging the final judgment
and decree, A.S.No.63/2019 was filed before the first
Appellate Court. The first Appellate Court dismissed the
appeal confirming the final judgment and decree of the
Trial Court. Hence this second appeal.
RSA.No.73 OF 2021
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2. During the pendency of this appeal, the parties
were referred for mediation. The parties mediated and
settled the matter out of Court by way of memorandum of
agreement under Section 89 of the Code of Civil
Procedure read with Rules 24 and 25 of the Civil
Procedure (Alternative Dispute Resolution) Rules, 2008.
As per the memorandum of agreement dated 18.03.2021,
the allotment of properties as per the final decree passed
by the Trial Court and confirmed by the first Appellate
Court is agreed to be altered and modified on the terms
and conditions set forth in the memorandum of
agreement.
3. On going through the memorandum of
agreement, it is disclosed that the dispute between the
parties has been settled out of Court. The memorandum
of agreement is perfectly in order and is in accordance
with law. Hence, the memorandum of agreement is
recorded and the terms of the agreement will form part of
RSA.No.73 OF 2021
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the decree.
Resultantly, this RSA is disposed of in accordance
with the memorandum of agreement between the parties.
The terms of the memorandum of agreement will form
part of the decree. In terms of the memorandum of
agreement, the parties are directed to deposit in Court
the amount required for the non-judicial stamp paper for
engrossing the decree in proportion to the value of their
shares. The copy of the final decree shall be sent to the
Sub Registrar within whose jurisdiction the immovable
property is situated.
Sd/-
N. ANIL KUMAR,
JUDGE
kkj
