Yahu vs Prabha
2021 Latest Caselaw 7925 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

         THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                   RSA.No.1232 OF 2019

     AS 1/2015 OF ADDITIONAL DISTRICT COURT, TIRUR

             OS 81/2012 OF SUB COURT, TIRUR


APPELLANT/APPELLANT/DEFENDANT:

           YAHU
           AGED 69 YEARS
           S/O. VANIYAMKAD VATTATHODIYIL VEERANKUTTY,
           NADUVATTAM DESOM,
           VIA KUTTIPPURAM, MALAPPURAM DISTRICT

           BY ADVS.
           SRI.P.T.SHEEJISH
           SMT.K.K.NESNA

RESPONDENT/RESPONDENT/PLAINTIFF:

           PRABHA, AGED 60 YEARS,
           W/O. VADAKKUTTBAHULEYAN, VALAPPAD DESOM,
           VALAPPAD VILLAGE, CHAVAKKAD TALUK, THRISSUR
           DISTRICT-680 567

           R1 BY ADV. SRI.LIJI J.VADAKEDOM
           R1 BY ADV. SRI.RAJEEV JYOTHISH GEORGE

     THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 RSA.No.1232 OF 2019

                                   ..2..



                                 JUDGMENT

The appellant is the defendant in OS No. 81 of

2012 on the file of the Sub Court, Tirur, in

which the respondent herein is the plaintiff.

The trial court decreed the suit with costs

and directed the appellant/defendant to pay an

amount of Rs.5,00,000/- to the

respondent/plaintiff with interest at the rate

of 1% per annum from 20.04.2010 till

realisation and cost of the suit. The

appellant carried the matter in appeal and by

the judgment and decree dated 12.07.2019 in AS

No. 1 of 2015, the Additional District Court,

Tirur dismissed the appeal, confirming the

judgment and decree of the trial court. Hence,

the appeal.

2. Pending proceedings, the matter was referred

to mediation. In the mediation, the parties

have settled the matter whereby the RSA.No.1232 OF 2019

..3..

appellant/defendant agreed to pay an amount of

Rs.5,50,000/- within 15.11.2021 to the

respondent/plaintiff in full and final

settlement thereof and failing which the

respondent is entitled to recover the amount

aforesaid with interest from the date of the

agreement by charging upon the schedule

property.

3. When the mediation settlement report has come

up for consideration before this Court, the

learned counsel for the respondent submits

that the interest is not specified in the

agreement. However, the learned counsel for

the appellant/defendant agrees to pay interest

at the rate of 6% per annum from the date of

agreement. In view of the submission made, the

mediation agreement stands accepted subject to

the modification that in case the

appellant/defendant fails to pay the amount,

the respondent/plaintiff is entitled to RSA.No.1232 OF 2019

..4..

recover 6% interest per annum from the date of

agreement as stated in the mediation

agreement.

The mediation agreement is recorded and the

RSA stands disposed of in terms of the

mediation agreement subject to the

modification stated above. The terms of

mediation agreement will form part of the

decree.

Sd/-

N.ANIL KUMAR

JUDGE Bka/08.03.2021