In Ols. No.255/2011 Of Munsiff ... vs Poulose
2021 Latest Caselaw 9981 Ker

Citation : 2021 Latest Caselaw 9981 Ker
Judgement Date : 24 March, 2021

Kerala High Court

In Ols. No.255/2011 Of Munsiff ... vs Poulose on 24 March, 2021

 

iS TRE RIGN COURT OF ERRALA AT RENARTIMLAM

BRESENT

THE RONGURABLE ME. JUSTICE TV ANTLEUMAR

WEDNESDAY |

SHE 242 GAY OF MARCH 2623 / SRD GHAITHRA,. 1943

QPS) No. L675 OF 2600

IN OLS. NO.255/2011 OF MUNSIFF COURT, BERUNBAVOOR

SETIELONER :

RESEFONDENT :

THIS OF (CIVIL) HAVING COME op For ADMISSION of

24.03.2021, THE COURT oN THE SAME DAY DELIVERED THe

POLLOWING :

INDIRA,
AGED 60 YEARS,

W/O. SURUMARAN NAIR, BALLATHUR PUTHENVERDU,
VELOOR KARA, PITIHENCRUE VILLAGE.

BY ADVS SRI.RAJESH VIJAYAN
SMP. SIRNA §.NATR
SEIKO. SANTHOSH

POULOSE.,

AGED 66 YEARS,

S/O. VARKEY, ANNAMATTATRID ROUSE ,
VELOOR KARA,

PUTRNCRUS VILLAGR-G82 308,

BY ADVS. SRI.G. RAJAGOPAL
SMYT.N.RENGINEE OEVT
SMT. §, LERLALARSHMT

 

 
 

 

eo FAN AGM Peet
GP, COINS LOFTS EE

Dated this the 24° day of March, 2021
i BD GM EON T

Pilaintif?y filed this  eriginal petition
challenging dismissal of an application filed far
amending the plaint.

2. 'The respondent appeared in this matter

and the disputes between parties were settled in mediation. Consequentially, a memorandum of agreement dated 19.05.2021 under 89 of the code af Civil Procedure read with Rules 24 & 25 of the Kerala Civil Procedure (Mediation) Rules, 2008 was submitted before this court.

3. I heard the learned counsel appearing on both sides.

4. The compromise entered into between parties is voluntary and accordingly, the terms and conditions reduced to writing therein are accepted and recarded,

In the result, original petition js dispased oF Jn terms of a memorandum of agreement dated 19.03.2021. The aforesaid memorandum of agreement will Form part of this judgment.

All pending interlecetary applications will

: foinea PAIS forin QVPLGCING TAPS 225

stand closed.

S a f ~

T.V.ANTLEUMAR , JUDGE

OAT f¢true copyy

re ok

FLA CTO Judge

Se ee

ERNAKULAM MEDIATION CENTRE

(HIGH COURT HALL} 2°* floor, above SBL High C cut building. Emekulam, Kochi -31(Ph.0484 2562238) é / EMC/Reg. No.0 pp merey Dated 29 2 Port From .

The Nodal Officer, High Court Mediation Centre. To .* The Registrar Qudicial}, . s High Court of Kerala, ~ Ernakulam Sr, SubsMediation of referred cases~ Reg. Ref- Referral Order in... ME Be) ed BES, fee Sets ce " dated Ach d Le, f. doe'. of the Hon'ble High Court of Kerala. » | us ri ee é " re The report of the Mediator in the matter along with the enclosures is furnished herewith for information and necessary action.

Yours cH

Nodal Officer Ernakulam Mediation Centre

Enecl- 1. Report of the Mediator, Settlement A greement

2. Copy of referral order dated AR/4/ 2. eay....ofthe High Court of Kerala,

3. Copy of Petition.

BEFORE THE HONOURABLE HIGH COURT OF RERALA AT ERNAKULAM O.P.(C). No. 1675/2030 Indira | Petitioner Vs.

Poulose Respondent REPORT SUBMITTED BY THE MEDIATOR ADV. SALLY THOMAS CHACKO

Mediated, matter is settled.

Terms and conditions are attached herewith.

Dated this the 19" day of March, 2021,

mes penta ts

Ady. say i bemas Chacke Viediater

Ernakulam Mediation Centre

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM O.PIC). No. 1675/2020

Indira : Petitioner

Vs.

. Poulose - Respondent

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:

1, The petitioner here by agree that the respondent has got absolute right tile possession and interest over the property obtained by the respondent as per sale deed No.3838/1991 of SRO, Puthuncrug.

2, The respondent has agreed to permit use of a way for ingress and egress to the

respondent, having a width of owo (2) feet and a length of Thirty six(36) feet along the

Southern boundary of the property of the respondent, which he has purchased as per sale deed No.3838/1991 of SRO, Puthuncrag, free of cast, The said way starts from the South Eastern comer of the property of the petitioner, goes along the Southern boundary of the

respondent from West to East direction and ends in the public road on the East.

3. The petitioner hereby agree that she has got no other right over the aforesaid

property of the respondent other than the right of ingress and egress mentioned above.

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4. In view of the above said compromise, OS.No.255/2011 on the fle of Munsiff's

Court, Perumbavoor filed by the petitioner herein against the respondent herein is withdrawn.

5. Bath parties agree that no claim will be raised with respect to the present issue in any forum of law.

: Dated this the 19th day of March, 20271

- Petitioner CORS Indira ane f | CORN . ¥Re cay : -- \ - e ai coe SY 9 gtd 2 i Counsel for Petitioner Counsel for Respondent Verification We, the parties above mentioned, do hereby solemnly sate and declare '2 that what is contained in paragraphs 1 to 4 are true to the best of our

knowledge information and belief.

Dated this the 19th day of March, 2024

Petitioner: Respondent Oy"

Sa By yw"

Indira Foulose "

Peas TE Sen OP. PCN RAPS 2020

APPENDIX

SEPITIONER' S EXRIBITS:

EXHIBIT BL

EXHIBIT PZ

EANRTEIT B3

BARIBIT PFS