Manoj Paul vs Jeena George
2021 Latest Caselaw 22417 Ker

Citation : 2021 Latest Caselaw 22417 Ker
Judgement Date : 9 November, 2021

Kerala High Court

Manoj Paul vs Jeena George on 9 November, 2021

IN TSE BIGR COURT OF RERALA AT ERNARULAM

THE HONOURABLE ME. JUSTICE A.MUNAMED MUSTACHE

&
SHE HONOURABLE NES. JUSTICE SOPBY THOMAS

f

SUESDAY, THe O°" DAY OF NOVEMBER 2623 / IST KARTRYRA, i945

MA ERE.) NO. $ OF 2078

AGAINGY THE OBOER/CUDGMENT IN OF 18/2006 OF FAMILY COURT,

THRISSUR

APPELLANT /S >

4

ARBRE: BS

ADDL RE

MANOS BAQL, AGEO £2 YEARS, SOW OF PAUL (UNOT
PAL}, ROSE GARDENS, DUTROR TRARAYTIL, NADATHARA
P.O., AND VILLAGES, TRRISSUR ALU,

BY ADVS.

NR. VENUGOBAL

ORANYA 2. ASHOKAN

SRI. T.ARISRRANUNNT (Sh.}

JEENA GEORGE, AGED €1 YEARS,

DSOUGETER OF GEORGE, VARDASSERY HOUSE, BARI YARAN
VELLAGE AND DESOM, MURUNDAPORAM TALUR, 81585.
{DIRE}

THANKAMMA, AGED 67 YEARS,
WIPE OF PAUL OSONGT BALD) , ROSE GARDENS. PUTSUR
YRARAYIE ,.NADATRARA F.O.AND VILLAGE THRISSUR TALOR
881 Ses.

PRINCE PAGE, SON OF BAQEL (RUNUT PAI}, -DO-
ROSBNOL, DARUGETER OF SAUL (RONGY PALU) ~ioa-

GEORGE, AGED YR YRARS
VADASSERY HOUSE, NUPLIVAM, GARTYARSN VILLAGE.
MURUNDASURAM TALUE, THRISSUR «- S80 31s.

SELEENA, AGED G5 YEARS, H/OQ.GEORGE, AGED SS,
~NO-~, PHRISSUR ~ SOILS.

{ADD ETIONAL RESPONDENTS NOS. § AND & ARE

IMPLEADED AS LEGAL REPRESENTATIVES OF THE DECEASED FIRST RESPONDENT AS PER ORDER DATED 6f/OS/21 IN T.A.S/2019 IN M.A. OERE) 8/2019)

JIGO GEORGE, §/0.GRORGE, VADASSERY HOUSE, CEENGALLUR VILLAGE AND DESOM, MURUNDAINRAM TALUK, TERISSUR -S8OS1e.

{FRE BROTHER OF TRE FIRST RESPONDENT IS ITHETRADSD AS AINM.. RESPONDENT NO.7 AS BER ORDER J/i0/231 IN TA L/fS2 IN MA(EEN} $/2018.}

BY ADS.

@ . SRERRUMAR (CHELUR) {(CAVEATOR} SNY . RANIANA ¥.

& SRESEOMAN LORRAIN

TRIS MAT APPEAL (EXECUTION) BRAVING COME DOF FOR ADMTSSTON ow OS.22.2021, TEE COURT ON RE SAME DAY DELIVERED TEE

FORLOWING :

MA (EXE. } No. 9/2018

AAtuhamed Mustagque, |.

This appeal arises from the execution proceedings. In the

al heirs of

send,

ze ge

appeal, the parties have resolved the dispute. The

the decree~holder acknowledged the receipt of the entire decree amount. Accordingly, satisfaction has been entered. The compromise petition fied before this Court would form part of fhe judgment. Recording satisfaction of the decree, we dispose of this appeal. We also order the lifting of the allachment made over B schedule property in O.P.No. 18/2006 of the Family Court, Thrissur, and also direct the Famuly Court, Thrissur, to commiuticate the Litre of the order fo the Sub Registrar concerned. The execution proceedings shall be closed in the light of the satisfaction recorded by this Court.

Sd f~ A. MUOSAMED MUSTAQUS, JUDGE Rafe SOPRY THOMAS, JUDGS

BEFORE THE HON' ABLE HIGH COURT OF KERALA ATERNAKULAM

Mat. Appeal{ exe) No.9 of 2018

Manoj Paul : Appellant Vs Jeena George( died) & others : Respondent

Memorandum of Agreement under section 89 of the code of civil

procedure read with Rule 24 of the civil procedure ( Alternative

dispute Resolution), Rules 2008

The above case was referred for mediation vide orders of this hon'ble Court. Both counsel and parties had appeared for mediation several times, both jointly and individually. On the basis of mediation talks parties have now agreed to settle their disputes

onthe following terms:

{. The parties agree that the above appeal arises against the dismissal of the claim petition filed by the appellant in the execution petition

30/2018 in O.P.18/2006 filed by the decree holder /Ist respondent

before the Family Court, Trichur. The decree holder /Tst respondent had obtained a decree for realizing Rs.6,50,000/- against her hushand's father who died pending the case. She filed the E.P. tor realisation of the decree amount by brining sale the property

attached (shown as B schedule in OP) pending the original petition.

The parties agree that the decree holder viz, the ist respondent's legal heirs are the additioal respondents 3 & 6 and that the legal heirs of deceased judgement debtor are the appellant and

respondents 2 to 4 herein.

aS 3. The appellant /claim petitioner hereby undertakes to pay Rs. 6.5 oe ™ Se x

lakhs to the additinal respondents 5 & 6 w ho. ate the legal heirs of ealen... CRg BES Signed be he ® J feo Baers geet Mpg ghee eae "edagel i

deceased decree holder as fall and final settlement of all claims

and all disputes between the parties in the above case

4. The additional repondents 5 & 6 hereby acknowledge the receipt of Rs. 6.8 lakhs in cash and also hereby agree that the said amount can be received by their son Geejo George who is impleaded as

additional 7 th respondent,

Lat

The additional respodents 3 & 6 and their son Geejo George being the legal heirs of deceased decree holder hereby acknowledge the receipt of Rs. 6.5 lakhs in cash and undertake

that they have no further disputes or claims against the appellant

or his family in respect of the subject matter of the Execution

petition 30/2018 on the file ofthe Family Court , Thrissur.

6. The additional repondents 3 & 6 and their son Geejo George undertake that they have no objection m lifting the attachment of the B shedule property attached in the OP 18/2006 before the Family Court, Thrissur, and they hereby agree to withdraw the

EP. 30/2018 pending before the same court.

7. The parties in the circumstances agree to request this hon'ble court

dat

to dispose of the above Mat. Appeal ( Execution} No. 9/2018 in

terms of the above seitlement. Dated this the 29 thy day of October 2021 Appellant & Respondents 2tad _Addl, Respandents 5 to 7

1) Mangj Paul yogi ;

2)Thankamma ") | [ - i a aweee wr vents 4 3

3) Prince Paul i parkes 3 3 , . a

4)Rosemoel ~ Counse I for Apps ellanis R2 to R4 CounseRy ORRespondents 5 to ax at et ~ RRA ee yee ¥ -- . yA . wn Sy ee Die h< eto YA ®t a.

Dp aPAS rohan ff Sreekuiiier Chélur ea A AR , >

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