Kerala High Court

Pretpioner Sadoitional 2Nd vs Second on 19 March, 2021

FRIDAY,

 

EN TRE RIGS COURT OF RERALA AT ERNARULAM

PRESENT

SHE HONOURABLE MR. JUSTICE T.V. ANTLRUMAR

TRE Lath DAY OF MARCH 2021 / 28TH PRALGUNA, 1942

OF (CR No  1OL8 OF 2017 (O)

IN B.P.NO,G/2015 IN O.93.NO,.336/1986 OF MUNSIFP court,

THIRUVALIA

PRETPIONER SADOITIONAL 2ND APPELLANT IN SB. ALS /1995

SHOMAS VARGHESE (DIED) ,

AGER 70, S/O. LATE VARGHESE THOMAS,
TRANNIRRALAYA KOTTPATTUBARA ,
RURITANNOOR BO. ,

TSROTTAPUSHASRRRY VILLAGE,
SHEROVSLIA TALUK, PIN-GESSS6

"RODITIONAL PETTPTTONER

FPRAMODE VARGHESE.

AGED 39,

S/O. LATE THOMAS VARGHESE,

THANNIREALAYA ROTTATTUPURA, RURIANNOOR B.C. ,
THOTTAPUSHASERRY VILLAGE,

THIRQVALLA TALOR, PEN-89550.

REPRESENTED BY POWER OF ATTORNEY HOLDER
BROSANMA VARGHESE ,

AGED 68,

W/O. LATE THOMAS VARGHESE,

THANNIREALAYA ROTTATPTUSIRA ,

RURIANNOOR PLO, ,

TROTISPUSHASERRY VILLAGE [ORIGINAL PETITIONER
QOTED ON 28.04.2019)

SDOITIONAL PETITIONER IMPLEANED AG PER ORDER
DATED OS 07.27 IN T.A.NO. 1180/27.

SY ADVS SRI. JOSEEH GEORGE
SMT. RICBY A. MENON

BESPONDENTS { DECREE HOLDER & JUDGMENT DEBTORS 2,3 6 4.

i

PHILIPPOSE CRACKS,
AGED ABOUT 80, 8/O. CRACKS,

MEPRATH HOUSE, KURIANNOOR P.O.,
THOTTAPUSHASERRY VILLAGE,

THIRUVALLA TALUK, PIN-S8a556

REPRESENTED BY HIS POWER-OF-ATTORNEY HOLDER
M.T. JACOB, AGED 78,

MEPBATH HOUSE,

 

 
 

2

TRIS
LS .03.2021,
FOLLOWING :

RURIANNOOR F.O. , THOTTAPUSHASERRY VILLAGE,
TRIRUVALLA TALUK, BIN-G8S550

MARIYAMMA (DELETE) ,
MEPRATH ROUSE,

RURIANNOOR P.O. , THOTTAPUZHASERRY VILLAGE,
THIRUVALLA TALUK, PIN-Sa9550

P.M. PHILIP,
MEPRATH ROUSE,

RURTANNOOR P.O. ,
THOTTAPUSHASERRY VILLAGE,
THIRUVALLA TALUR, FIN-Sa9550

ALEYANMES. ,

MEPRATH ROUSE, RURTANNOOR P.O),
PTROTTAPUSRASERRY VILLAGE,
TRIRUVALLA TALUR, BIN- 689550

SECOND RESPONDENT

MARTYAMMA .

MEPRATH NOUSE ,

RURIANNOOR P.O. ,THOTTAPUZHASERRY VILLAGE, TRIRUVALLA TALUR, BIN-S89550

SRCOND RESPONDENT OSLETED AS FER ORDER OTD .L3.7.29 IN TLA.NG.1i94/27

Ri BY ADVS. SRI. 2S. RARIDAS SMT. ROSHIN MARIAM JACOR SRI .E Oo, SRIDIN

OP <{CIVIL} NAVING BREN FINALLY HRARD

SHE COURT ON THE SAME DAY DELIVERED THE

O.PLLCING LSS eOdF

Dated this the 19° day of March,2021 7 U BO G& M EON OT

During the pendency of the original petition, the parties entered inte a compromise reducing the terms and conditions in writing. The memorandum af compromise dated 04.02.2021 signed by -- the additional petitioner and first respondent in the original petition was praduced before this Court.

2. The original petitioner already passed away and the additional petitioner was brought on record as legal representative in his place. The other parties in the original petition who are respondent Nos.2, 3 and 4 are quite unnecessary parties for the purpese of compromise and are sought ta be deleted. Separate application Filed as IT.A.No. 1/2021 in this respect is allowed.

3. After hearing the learned counse| appearing an both sides, I am satisfied that canoromise entered into between parties is voluntary. The terms and conditians are

consequently accepted and recarded,

In the result, this omginal petition is

GP. fO}M. MOPS Sek?

disposed of in terms of compromise dated 04.02.2021. It is made clear that the memorandum of compromise will form part of this judgment.

All pending interlocutery applications will stand closed.

Sabe--

TY. V.ANILKUMAR , JUDGE

{éTrus cany

OST i

FATS Judge

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM LANo &. /20ed En

O.P(Civil}) No. L018 /2017

igen APPLICANTS /RESPONDENTS

Chacko M. Philip @ Philippose Chacko, aged 85 years, S/o. Chacko

Philip, Meprath House, Kuriannur P.G., Kuriannur Muri,

Thotlapushassery village, Thiruvalla Taluk Pathanamthitta District now residing at 14560 Sedona Drive, Oklahoma City, OK 73142, USA represented through his power of attorney holder M.M. Thomas, aged 69 vears, S/o. Varghese, Meprath House, Kolabhagom P.O. Kurtannur Muri, Thottapuzhassery village, Thiruvalla Taluk, Fathanamthitta district. (Earlier - Philippose Chacko, aged &0 years, S/o. Chacko, Meprath House, Kuriannoor PLO., Thottapuzhassery village, Thiruvalla Taluk, pin - GRIDS porepresented by his power of attorney holder M.D. Jacob, ' aged 78, Meprath House, Nuriannoor P.O., Thottapuzhassery | village, Thiruvalla Taluk, Pin - 689550 ) Add). 2rf RESPONDENT / PETITIONER Thomas Varghese, aged 70, 8/. Late Varghese Thomas, Thannikkalaya Kottattupara, Kurlannoor P.O., Thottappuzhassery village, Thiruvalia Taluk. Pin - 689550 (Thomas Varghese died and

legal heir impleded as Additional Petitioner}

4 } fee Sent Je ioe AD APT & fcc} Late 6 Bev ee ad

# OF THE CODE OF CIVIL PROCEDURE, 1908

For the reasons stated in the accompanying affidavit, it is most

humbly prayed that this Honourable Court may be pleased to

dispose of the Original Petition (Civil) in terms of the compromise

as follows In the best interest of justice.

53)

"it is agreed and admitted that the 1% respondent Phihpase Chacko, Meprath is having absolute right over 19.79 Ares (48.88 eenis} of land comprised in re-survey Na: 299/1-1 and 7.29 Ares (18 cents} of land comprised in re-survey No: 229/1-2 of Thotiapuzhaserry village in Pathanamthitta District. The total extend is 27.08 Ares {66.88 cents}, Both the above properties are lying together as a single plot and the residential house of Philipose Chacko situates in the above property. The above properties situate on the eastern side of the panchayath road.

It is agreed and admitted that the above mentioned Philipose Chacko is having entire right over Parakulam situates on the western side of the panchayath road and having a total exterul

of S.15 Ares (12.72 cents}, Comprised in Re. Sy. No. 69/3.

iii} The petitioner in OP(C}) No. 1O1&/2017 passed away on

29,08 2017 and as per will No. 2062/2016 of Pathanamthitta Sub Registrar office, the immovable properties of Thomas Varghese devolved upon his son Pramod Varghese. The aforementioned Pramod Varghese is having absolute right and possession over the property having an extent of 3.70 Ares (8.139

certs} comprised in re-survey No. 69/5 situates on the southern

* £93 AS So > ry.

fegeun MF : fe 4x fd}

Joa

side of Parakkulam. The parties have agreed to accept the above conditions and will not raise any claim on the basis of the decree m OS Noe. 3236/1986, its confirmation vide fudgment in AS. No.

2/148) of Hon'ble Sub Court Thiruvalla and S.A. Noe. S1o/ i995 of the Hon'bic High Court of Kerala and this compromise shall be the final decision binding on both the parties in respect of the plaint schedule property in OS Ne. 3386/1286 of the

Hon'ble Munsiffs Court Thiruvala."

iv} The Additional Petitioner agreed to withdraw O.5.No.328/2017

pending before Hon'ble Munsills Court, Thinuvalia.

Dated this the 4" day of February,

fad &osponArat/ ote | phi tienel @ Rosamima V arghese {

(Power of Attorney Holder of

eaPorderlt / Addl #Petitioner Pramod Varghese

Jhon 2

MM. Thornas Brees (Power of Attorney Holder of the Repel fant 4

i* Respondent Chacka M. Philip

@ Philippase Chacka)

fess gee DT at f en