Kerala High Court
M.B.Premkumar vs M/S.Emmar Home India Pvt. Ltd on 8 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
OP(C) NO. 141 OF 2017
AGAINST THE ORDER/JUDGMENT IN OS 20/2016 OF SUB COURT,THODUPUZHA,
IDUKKI
PETITIONER/S:
M.B.PREMKUMAR
AGED 49 YEARS
S/O.R.MADHAVAN NAIR, AGED 49 YEARS, BUSINESS, RESIDING AT
CLOUD-9 APARTMENT, LAW COLLEGE
JUNCTION,THIRUVANANTHAPURAM, PIN CODE-695035.
BY ADVS.
SRI.M.N.MANMADAN
SRI.M.S.IMTHIYAZ AHAMMED
SMT.P.SEENA
RESPONDENT/S:
1 M/S.EMMAR HOME INDIA PVT. LTD
A PRIVATE LIMITED COMPANY HAVING ITS OFFICE AT KS 3, 3RD
FLOOR, HEAVENLY PLAZA, PADAMUGAL, ERNAKULAM, PIN CODE-
682021, REPRESENTED BY ITS MANAGING DIRECTORMR.MUJEEB
RAHMAN.
2 MUJEEB RAHMAN
S/O.MUHAMMED, AGED 44 YEARS, MANAGING DIRECTOR, M/S.EMMAR
HOME INDIA PRIVATE LTD., A PRIVATE LIMITED COMPANY HAVING
ITS OFFICE AT KS 3,3RD FLOOR, HEAVENLY PLAZA, PADAMUGAL,
ERNAKULAM,PIN CODE-682021 AND RESIDING AT PULPPARAYIL
(PACHAPALAYIL) HOUSE, M.C.ROAD, KEEZHILLAM P.O., PIN
CODE-683541, PERUMBAVOOR, RAYAMANGALAM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.
3 RASEELA MUJEEB
AGED 40 YEARS
W/O.MUJEEB RAHMAN, AGED 40 YEARS, DIRECTOR, M/S.EMMAR
HOME INDIA PRIVATE LTD.,A PRIVATE LIMITED COMPANY HAVING
ITS OFFICE AT KS 3,3RD FLOOR, HEAVENLY PLAZA, PADAMUGAL,
OP(C) NOs. 141 & 221 OF 2017
2
ERNAKULAM,PIN CODE-682021 AND RESIDING AT
PULPPARAYIL(PACHAPALAYIL) HOUSE, M.C.ROAD, KEEZHILLAM
P.O.,PIN CODE-683541, PERUMBAVOOR, RAYAMANGALAM
VILLAGE,KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.
BY ADVS.
SRI.T.H.ABDUL AZEEZ
SRI. AJMAL V. A.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2021,
ALONG WITH OP(C).221/2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NOs. 141 & 221 OF 2017
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
OP(C) NO. 221 OF 2017
AGAINST THE ORDER/JUDGMENT IN OS 19/2016 OF SUB COURT,THODUPUZHA,
IDUKKI
PETITIONER/S:
HARISHKUMAR.C.L
AGED 36 YEARS
S/O.CHANDRASEKHARAN,AGED 36 YEARS,LAKSHMI VIHAR,NEAR MKK
NAGAR,MUPATHADAM.P.O,ALUVA,ERNAKULAM,PIN-683110.
BY ADVS.
SRI.M.N.MANMADAN
SRI.M.S.IMTHIYAZ AHAMMED
SMT.P.SEENA
RESPONDENT/S:
1 M/S.EMMAR HOME INDIA PVT. LTD.
A PRIVATE LIMITED COMPANY HAVING ITS OFFICE AT KS 3,3RD
FLOOR,HEAVENLY PLAZA,PADAMUGAL,ERNAKULAM,PIN CODE-
682021,REPRESENTED BY ITS MANAGING DIRECTOR MR.MUJEEB
RAHMAN.
2 MUJEEB RAHMAN
S/O.MUHAMMED,AGED 44 YEARS,MANAGING DIRECTOR,M/S EMMAR
HOME INDIA PRIVATE LTD,A PRIVATE LIMITED COMPANY HAVING
ITS OFFICE AT KS,3RD FLOOR,HEAVENLY
PLAZA,PADAMUGAL,ERNAKULAM,PIN CODE-682021 AND RESIDING AT
PULPPARAYIL(PACHAPALAYIL)HOUSE,M.C.ROAD,KEEZHILLAM.P.O,PI
N-683541,PERUMBAVOOR,RAYAMANGALAM VILLAGE,KUNNATHUNADU
TALUK,ERNAKULAM DISTRICT.
3 RASEELA MUJEEB
OP(C) NOs. 141 & 221 OF 2017
4
W/O MUJEEB RAHMAN,AGED 40 YEARS,DIRECTOR,M/S EMMAR HOME
INDIA PRIVATE LTD,A PRIVATE LIMITED COMPANY HAVING ITS
OFFICE AT KS,3RD FLOOR,HEAVENLY
PLAZA,PADAMUGAL,ERNAKULAM,PIN CODE-682021 AND RESIDING AT
PULPPARAYIL(PACHAPALAYIL)HOUSE,M.C.ROAD,KEEZHILLAM.P.O,PI
N-683541,PERUMBAVOOR,RAYAMANGALAM VILLAGE,KUNNATHUNADU
TALUK,ERNAKULAM DISTRICT.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2021,
ALONG WITH OP(C).141/2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NOs. 141 & 221 OF 2017
5
JUDGMENT
Dated this the 8th day of September, 2021
The learned counsel for the petitioner submits that pending this
original petition, the dispute between the parties has been resolved
amicably. It is submitted that in view of the settlement, the
impugned order can be set aside and the Court below directed to
pass orders in terms of the settlement, so that the petitioners
entitlement for refund of the court fees can also be considered. The
learned counsel for the respondent did not oppose the request.
The original petition is hence disposed of setting aside Ext.P5
and remanding the matter to the trial court for the limited purpose of
recording the settlement and passing a compromise decree.
Sd/-
V.G ARUN
JUDGE
SJ
OP(C) NOs. 141 & 221 OF 2017
APPENDIX OF OP(C) 221/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE PLAINT IN O.S.19/2016 ON
THE FILE OF SUB COURT,THODUPUZHA
EXHIBIT P2 TRUE PHOTOCOPY OF THE AGREEMENT FOR SALE CUM
CONSTRUCTION DATED 11.7.2016
EXHIBIT P3 TRUE PHOTOCOPY OF THE I.A.508/2016 IN
O.S.19/2016,FILED BY RESPONDENTS
EXHIBIT P4 TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE
PETITIONER TO I.A.508/2016
EXHIBIT P5 TRUE PHOTOCOPY OF THE ORDER PASSED BY THE SUB
COURT,THODUPUZHA IN I.A.508/2016 IN
O.S.19/2016 DATED 27.10.2016.
OP(C) NOs. 141 & 221 OF 2017
APPENDIX OF OP(C) 141/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE PLAINT IN O.S.NO.20/2016
ON THE FILE OF THE SUB COURT, THODUPUZHA.
EXHIBIT P2 TRUE PHOTOCOPY OF THE AGREEMENT FOR SALE CUM
CONSTRUCTION DATED 11-7-2016.
EXHIBIT P3 TRUE PHOTOCOPY OF THE I.A.NO.509/2016 IN
O.S.NO.20/2016, FILED BY RESPONDENTS.
EXHIBIT P4 TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE
PETITIONER TO I.A.NO.509/2016.
EXHIBIT P5 TRUE PHOTOCOPY OF THE ORDER PASSED BY THE SUB
COURT THODUPUZHA IN I.A.NO.509/2016 IN
O.S.NO.20/2016 DATED 27-10-2016.
