Prameela vs M.P.Sreekumar
2021 Latest Caselaw 19587 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                         OP(C) NO. 353 OF 2021
     AGAINST THE ORDER/JUDGMENT IN OS 345/2011 OF MUNSIFF COURT,
                          OTTAPPALAM, PALAKKAD
PETITIONER/S:

           PRAMEELA
           AGED 45 YEARS
           W/O. RAMAKRISHNAN, MADATHIL PARAMBIL VEEDU, KARIMPUZHA
           VILLAGE, VAKKADAPPURAM P.O., OTTAPPALAM TALUK, PALAKKAD
           DISTRICT-678595.

           BY ADV K.P.BALAGOPAL



RESPONDENT/S:

     1     M.P.SREEKUMAR
           AGED 52 YEARS
           S/O. LATE C.K. GOVINDANKUTTY NAIR, RESIDING AT SREERAGAM,
           KERALASSERY AMSOM DESOM, KERALASSERY P.O., PALAKKAD TALUK
           AND DISTRICT-678641.

     2     REMAKRISHNAN
           AGED 53 YEARS, S/O. AYAPPAN, MADATHIL PARAMBIL HOUSE,
           KARIMPUZHA VILLAGE, VAKKADAPURAM P.O., OTTAPALAM TALUK
           AND PALAKKAD DISTRICT - 678595.

           BY ADV SRI.VINOD KUMAR.C




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 353 OF 2021
                               2



                            JUDGMENT

Dated this the 17th day of September, 2021

Learned counsel on either side submits that the

parties have settled their dispute and the petitioner has

undertaken to pay an amount of Rs.2,50,000/- towards

full and final settlement of the amounts due to the 1st

respondent within six months. Learned counsel for the

petitioner submits that in view of the settlement the

original petition can be closed. Learned counsel also

undertakes that an appropriate affidavit withdrawing the

contentions raised in the execution proceedings will be

filed before the trial court in ten days time and the

further proceedings may be kept in abeyance till such

time.

In the result, the original petition is closed in terms OP(C) NO. 353 OF 2021

of the settlement arrived at between the parties granting

the petitioner ten days time for filing the affidavit

withdrawing all contentions. The further proceedings

shall be kept in abeyance for ten days and can surge

ahead, if the petitioner fails to file the affidavit within

the ten days period.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 353 OF 2021

APPENDIX OF OP(C) 353/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ABOVE EXECUTION APPLICATION NO.4/2019 IN EP NO.81/2018 IN OS NO.345/2011 ON THE FILES OF THE MUNSIFF'S COURT, OTTAPPALAM.

EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER HEREIN IN EA NO.4/2018 IN EP NO. 81/2014 IN OS NO.345/2011.

EXHIBIT P3 TRUE COPY OF THE COUNTER FILED IN EA NO.4/2019 IN EP NO.81/2014 IN OS NO.345/2011 BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 10/06/2020 IN EXECUTION APPLICATION NO.4/2019 IN EP NO.81/14 IN OS NO.345/2011 OF THE COURT OF MUNSIFF OF OTTAPPALAM.