Kerala High Court
The Order Dateo 3-6-8020 In Ela ... vs Shailesh on 29 March, 2021
IN TRE HIGH COURT OF KERALA AT ERNARULAN
PRESENT
THE HONOURABLE MR. JUSTICES A. RART PRASAD
&
TRE RONQUBABLE MR. JUSTICE BYYAD RANMAN A.A.
MONDAY, THE 2978 DAY OF MARCH 20231 / STR CHATTSRA, 1943
AGAINST
FAO .Ro 338
OF 2020
THE ORDER DATEO 3-6-8020 IN ELA NO.LE20/2012 IN EP
NO.322/2010 IN PLP 1221/2009 OF ADDISMONAL SUB COURT, IRINUALARUDA.
APPELLANTS /PETITIONRRS / JUDGMENT DEBTORS /OEFENDANTS
SULOCEANA BALAN,
W/O. LATE KANARKRASERY
RATPAMANGALAN VILLAGE
KODUNGALLUR TALURE.
MADEO. KB.
S/O. LATE RANARKASERT
RATPAMANGALAM VILGAGE
RODUNGALLUR TALUE.
SEAUT RB. ,
S/O. LATE RANARRASERT
RATPAMANGALAM VILEAGE
ROQDONGALLUR TALOE .
ROY. EB. ,
S/O. LATE RANARRASERT
KATPAMANGALAM VILLAGE
RODUNGALIUS TALUE.
REJANT RAJU, W/O, LATE
RAIPAMANGALAM VILLAGE
RODUNGALLUR TALUE.
BALAN, AGED 7 YEARS .
AND DESON,
BALAN,
AND DSGOM,
RANABRASERE RAT,
SND DESON .
PAO.No.212 OF 2026 ~ 2m
&
SIRMARTS KR. ,
8/0. LATE RKANARRASERI RAJY,
RATPAMANGALAM VILLAGE AND DESO,
RODUNGALLUR TALUE .
MESNARSSY EUR. .
RATPAMANGALAM VILLAGE AND DESOMN.
RODUNGALLUR TALUE.
BY ANYS.
SRI .KR.S. RAJESE
SRIUM. SRAM PURUSROTHAMAN
RESPONDENT (DECREE HOLDER /SPLATNTIFE
SRAITLESER, AGED <8 YEARS,
S/O. BULIPARBMBIL HQUSE DIVARSRAN,
TRALATRRULAM VILLAGE AND DESON,
CHAVARRAD TALUS, TERISSUR GISTRICT 680 §81.
Ri BY AbY. SRI. SURAT. S&S
TRIS. FIRST APPEAL EFROM ORDERS SAVING COME OF FOR
BDOMISSITON ON 28.03.2022, THE COURT ON THER SAME BAY
DRLIVERED THR FOLLOWING:
A.HARIPRASAD & ZIYAD RAHMAN A.A., JL
FA.O No. OF 112 of 2020
Dated this the 29° day of March, 2024
JUDGMENT
A.Nariprasad, J.
Heard the learned counsel on both sides.
z. iS submitied thet the parties have settled the matfer in a
mediation and executed a memorandum of agreement under Section 89 of
fhe CPC,
3. We perused the memorandum of agreement. The parties
have lawfully settled their disputes. The memorandum of setflement is
recorded and it shall form part of the order of this Court. The sppeal is
disposed in terms of the memorandum of settlement and the sale is set
aside subject to the conditions mentioned in the memorandum of
settiement.
All pending interlocutory applications will stand closed,
A.HARIPRASAD,
JUDGE
aIYAD RAHMAN A.A.,
JUDGE
ards
ERNAKULAM MEDIATION CENTRE
(HIGH COURT HALL)
3° Boor above SBI Nigh Court buliding, Ernakulam Kochi -S1 {Ph Bans spon:
j 2
oN} ~ : aoe fa fet x sae ef
EMC/Reg. Na.gads f Ale e Dated: "ty
we,
From
The Noval Officer,
High Court Mediation Centre.
' The Registrar (hudicial),
High Court of Kerala,
Emaknulam
Subv-Madiation of referred cases- Reg.
The report of the Mediator in the matter along with the enclosures is furnished
herewith for information and necessary action,
Nodal Officer
Ernakulam Mediation Centre
Ench- 1. Report of the Mediator, Settlement Agreement.
£ i
mcong..of the High Court of Kerala.
Fo
. Copy of referral order dated 0.0.82
fab
. Capy of Petition,
SEES
BEFORE THE HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM
FAO. No.112/2020
Sulochana Balan & Others Appellants
Vs.
Shailesh Respondent
Mediated, matter is settled,
Terms and conditions are attached herewith.
ue Dated this the >" day of March, 2021.
{7
fk
poy
a
Adv. George Merlo Pallath
Mediator
Ernakulam Mediation Centre
BEFORE THE HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM
FAO. No.112/2020
Sulochana Balan & Others Appellants
Vs.
Shailesh : Respondent
MEMORANDRUM OF AGREEMENT UNDER SECTION 89 OF
THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 &
25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE
RESOLUTION),RULES, 2008:
Both parties have agreed to settle the matter as per terms
and condition here under:
i, The Appellants/ludgment Debtors here by agree to pay sum
of Rs.32,00,000/- (Rupees Thirty two lakhs only) to the
Decree Holder within a period of 8 months {on or before
25/12/2021).
Semin Shade ibe
Ravaia Nate Me
?
~~
2. The Appellant also agrees that out of total sum of
Rs.32, 00,000/- (Rupees Thirty two lakhs only), an initial
amount of Rs.10,00,000/- (Rupees Ten lakhs only) shall be
paid on or before 25/04/2021. And another sum of
Rs.6,00,000/- (Rupees Six lakhs only) on or before 25/06/2021,
The Balance sum of Rs.16,00,000/- (Rupees Sixteen lakhs
only) shall be paid on or before 25/12/2021 in two
installments of Rs.8,00,000/- each (Rupees Eight. <: lakhs
only) on or before 25/08/2021 and Rs.8,00,000/-
(Rupees Eight. | .« lakhs only) on or before 25/12/2021),
if the appellant pays the full amount of Rs.32,00,000/-
(Rupees Thirty two lakhs only) to the Respondent as stated in
paragraph 2 above, the Respondent agrees not to proceed
with the sale and also not to proceed further with the sale of
Appellants property and also agrees that, this Nee cont is at
As
liberty to set aside the sale et appellanis | property.
oy -
oy .
Laas od cis ay
SUA ER
SSSRE ANE,
t
4. if the Appellant commits default in the matter of paying the
full amount as stated here above, the Respondent herein
(Decree Holder) is at liberty to proceed with the sale and take
over possession of the property.
5, Both parties agrees to suffer their respective cost.
6, On the basis of this agreement both parties agree that above
case may be disposed of as deemed fit by the Court.
Dated this the 23rd day of March, 2021.
Appellants Respondent
1. Sulochana Balan <r Shailesh
2. MadhuK.B Gee
3. Shaji KB ae
4, Roy K.B
5. Rejani Raju Ro evkayes
AAS
eer
6. Sidharth KR Cee
i
7. Meenakshy K.R ~onclss.
