Kerala High Court
Vijayalakshmi vs Madhu on 18 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943
RFA NO. 410 OF 2016
AGAINST JUDGMENT AND DECREE PASSED IN O.S.NO.76/2012 ON THE FILE OF THE
SUBORDINATE JUDGE'S COURT, OTTAPALAM DATED 17.11.2015.
APPELLANT/2ND DEFENDANT
VIJAYALAKSHMI, D/O.LATE KANNAN & CHINNAMMA,
SRAMBIKKAL (KOODATHINKAL), KATTUKULAM DESOM AND POST,
SREEKRISHNAPURAM II VILLAGE, OTTAPALAM TALUK AND NOW RESIDING AT
POOKKOTTUKAVU VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADV.SRI.R.SREEHARI
RESPONDENTS/PLAINTIFF & DEFENDANTS 4 & 5:
1. MADHU, 42 YEARS, S/O. CHANDRAN, POOLAKKAPARAMBU, CHOLAKKAL
VEEDU,KATTUKULAM AMSOM DESOM AND POST, OTTAPALAM TALUK,
PALAKKAD DIST. PIN 679514.
2. SINDU, 32 YEARS, W/O.RAMACHANDRAN & D/O.LATE KANNAN & CHINNAMMA,
SRAMBIKKAL (KOODATHINKAL), KATTUKULAM DESOM AND POST,
SREEKRISHNAPURAM II VILLAGE, OTTAPALAM TALUK AND NOW RESIDING AT
MOOCHIKOOTTATHIL HOUSE, MUNNURKODE, TRIKATIRI VILLAGE, OTTAPALAM
TALUK,PALAKKAD DIST. PIN: 679 502
3. NALINI, 30 YEARS, W/O UNNIKRISHNAN & D/O. LATE KANNAN AND
CHINNAMMA, SRAMBIKKAL (KOODATHINKAL), KATTUKULAM DESOM,
SREEKRISHNAPURAM II VILLAGE, OTTAPALAM TALUK AND NOW RESIDING AT
VATTOMPALLOM, TENUR POST, PALAKKAD DIST.PIN 678 616.
BY ADVS SRI.KALEESWARAM RAJ
KUM.A.ARUNA
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18.05.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA.No.410 OF 2016 2
JUDGMENT
Dated this the 18th day of May, 2021
The parties had appeared for mediation process at Taluk
Mediation Centre, Ottappalam. They have arrived at terms and
entered into an agreement. The mediation agreement is
produced herewith. All parties except the 3rd respondent and her
counsel has signed the mediation agreement. It is submitted
by the learned counsel that no decree is passed against the 3 rd
respondent and therefore she has not signed the agreement
executed. In that event RFA stands closed. The mediation
report shall form part of the judgment.
Sd/-
MARY JOSEPH
JUDGE
MJL
Before The Honourable Hish Court Of Kerala
R.F.A No. 410/16
APPELLANT / 2"d DEFENDANT
VIJAYALAKSHMI ,DIO LATE KANNAN AND CHINNAMMA, AGED 52
YEARS, SRAMBRIKKAL, (KOODATHINKAL), KATTUKULAM DESOM,
AND POST, SREEKzuSHNAPT]RAM II VILLAGE OTTAPALAM TALUK,
AND NOW RESIDING AT POOKKOTTUKAVU VILLAGE, OTTAPALAM
TALUK, PALAKKAD DISTRICT
RBSPONDENTS I to 3 / PLAINTIFF & DEFENDANTS 4&5
1. MADHU, 46 YEARS, S/O CHANDRAN, POOLAKKAPARAMBU
CHOLAKKAL VEEDU , KAATTUKULAM AMSOM DESOM AND
o POST, OTTAPALAM TAI.,UK, PALAKKAD DISTRICT PIN.679514
2. SINDHU, w/O RAMACHANDRAN AND D/O . LATE KANNAN
AND CHINNAMMA, SRAMBIKAL(KOODATHINKAL),
KATTUKULAM DESOM AND POST. SREEKRISHNAPURAM
VILLAGE.2, OTTAPALAM AND NOW RESIDING AT
MOOCHIKOOTTATHIL HOUSE, MI-]NNURKODE, THRIKATIRI
VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN .
679502
3. NALINI 34 YEARS,V//O LINNIKRISHNAN AND D/O LATE
KANNAN AND CHINNAMMA, SRAMBRIKAL(KOODATHINKAL),
o KATTUKULAM DESOM AND POST, SREEKRISHNAPURAM
VILLAGE-2, OTTAPALAM AND NOW RESIDING AT
VATTOMPALLOM, TENUR POS T PALAKKAD DI STRI CT, 67 861, 6.
Mediation Agreernent
Mediation Agreement exr:cuted between Appellant and
Respondents number one and two.
This appeal arises out of Judgment and Decree dated lTlll/2015
of Sub court Ottapalam passed in O S No. 76/2012. The suit was one
for specific performance of contract. The plaintiff in the suit is the
first respondent herein (Madhu). The appellant herein
(Vijayalakshmi) was the second defendant and the respondents
2 and
3 herein ( sindhu and Nalini) were th defendants 4 and,5 in the suit.
The defendants No. I and 3 in the suit (Chinnamma and
Unnikrishnan) expired and their legal representatives are duly
represented in this appeal.
The court below decreed the suit as against the defendant I to 4
and the suit against the 5th defen dant(3'd respondent) was dismissed.
When the matter came for consideration before the Hon'ble
High Court of Kerala, the matter was referred for mediation before
o mediation sub centre at Ottapalam and in mediation all the parties in
dispute/ affected has settled the dispute in following terms and
conditions.
The balance amount was Rs. 4,73,900/-(Rupees Four lakh
seventy three thousand and nine hundred only) out of which
Rs.1,00,000/-(Rupees one lakh only) was already paid and the
balance sale consideration payable was Rs.3,73, g00l- which was
deposited on 1ll7l20l5 before the Honourable Sub Court Ottapalam
and IA 889/2016 is filed for execution of the conveyance in favour of
the plaintiff.
It is agreed that considering the financial stringency and the
health situation of the appellant and request of second respondent, the
first respondent will pay Rs.2,00,000/-(Two lakh) over and above the
sale consideration to Appellant and second respondent within 60 days
and as per the decree and as per the alleged agreement for sale the
right of title and interest over the plaintschedule property belonging to
deueased Chinnammu and Unnikr ishnan, the appellant and the second
respondent will be assigned in favour of first respondent, failing
which the first respondent will be entitled to enforce the Judgment
and Decree in O S 7612012 of the Honourable Sub Court Ottapalam
and in IA 88912016 in due process of the Honourable Sub Court
Ottapalam, The appellant and the second respondent will be entitled
to withdrew the amount already deposited before the Honourable Sub
Court Ottapalam Rs.3,73,9001- (Rupees Three lakh seventy three
thousand and nine hundred only) and the plaintiff shall endorse no
objection to tlie above same. The i:laintiff heleby agrees to give up the
costs ordered in his favour by the Sub court Ottapalam.
Agreeing to the above the appellant and respondents one and
two has signed this mediation agreement which this Fionourable Court
may kindly accept and in terms of the same this appeal may be
dismissed with no order as to costs. It is submitted accordingly.
Dated this the dav of March 2021
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