Kerala High Court
Beena Jerry vs S.Manoj on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
RFA NO. 262 OF 2020
AGAINST THE JUDGMENT AND DECREE DATED 30.07.2019 IN
O.S.NO.17/2018 OF THE SUB COURT, DEVIKULAM, IDUKKI
APPELLANTS:
1 BEENA JERRY,
AGED 55 YEARS,
W/O. LATE JERRY SEBASTIAN, CHERIYAKADAVIL HOUSE,
CHENNOOR DESAM, KADAMAKUDI VILLAGE, KANAYANNUR
TALUK, ERNAKULAM DISTRICT.
2 STAWIN JERRY,
AGED 28 YEARS,
S/O. LATE JERRY SEBASTIAN, CHERIYAKADAVIL HOUSE,
CHENNOOR DESAM, KADAMAKUDI VILLAGE, KANAYANNUR
TALUK, ERNAKULAM DISTRICT.
3 SWAN JERRY,
AGED 25 YEARS,
D/O. LATE JERRY SEBASTIAN, CHERIYAKADAVIL HOUSE,
CHENNOOR DESAM, KADAMAKUDI VILLAGE, KANAYANNUR
TALUK, ERNAKULAM DISTRICT.
4 SONA JERRY,
AGED 22 YEARS
D/O. LATE JERRY SEBASTIAN, CHERIYAKADAVIL HOUSE,
CHENNOOR DESAM, KADAMAKUDI VILLAGE, KANAYANNUR
TALUK, ERNAKULAM DISTRICT.
BY ADVS.
S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
SMT.A.A.SHIBI
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.P.V.VIJU
SRI.AJAY BEN JOSE
SHRI.HARIKRISHNAN S.
R.F.A.No.262 OF 2020 2
RESPONDENT:
S.MANOJ,
AGED 44 YEARS
S/O. LATE SANKAYA, RESIDING AT SUBRAMANIAN
COLONY, HOUSE NO. 42, SURYANELLI KARA,
CHINNAKANAL VILLAGE, UDUMBANCHOLA TALUK.
BY ADVS.
SRI.S.NIDHEESH
SRI.JOSEPH KURIAN VALLAMATTAM
SRI.V.S.SHIRAZ BAVA
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.F.A.No.262 OF 2020 3
JUDGMENT
Anil K. Narendran, J.
The appellants have filed this appeal under Section 96 read
with Order XLI Rule 1 of the Code of Civil Procedure, 1908,
challenging the judgment and decree dated 30.07.2019 of the
Sub Court, Devikulam, in O.S.No.17 of 2018.
2. This appeal was filed with a delay of 359 days, which
is condoned today, by a separate order in C.M.Appl.No.1 of 2020.
3. By the order dated 28.08.2021, both parties were
directed to appear before the Nodal Officer, Ernakulam Mediation
Centre, in the premises of this Court, on 27.08.2021.
4. Today, when the case is taken up for consideration,
the report of the Mediator is placed on record, enclosing
therewith a copy of the memorandum of agreement dated
27.08.2021 executed under Section 89 of the Code of Civil
Procedure, 1908, read with Rules 24 and 25 of the Kerala Civil
Procedure (Mediation), Rules, 2008. The terms and conditions in
that agreement read thus;
"1. The appellants agree to repay a sum of Rs.60,00,000/-
(Rupees Sixty Lakhs only) to the respondent/plaintiff with
6% interest from the date of judgment in R.F.A.No.262 of
2020 till 15 months, or till if the amounts are paid before
the said period.
2. The above said amount shall be paid within 15 months
from today. In case of default, the plaintiff will be entitled
to recover interest from the date of filing of the suit
namely from 16.07.2018 on the sum of Rs.58,00,000/-
(rupees Fifty Eight Lakhs only).
3. The attachment in the property is agreed to be made
absolute till the above said amount is paid.
4. In case if the defendants/appellants choose to sell the
attached property, she may proceed with the sale, on
condition that the advance amount shall be utilised for
clearing the amounts as per the settlement.
5. The court fee paid by the appellants may be refunded to
the appellants."
4. Heard the learned counsel for the appellants and also
the learned counsel for the respondent.
Since the matter has already been settled between the
parties in terms of the agreement of the Mediator dated
27.08.2021, this appeal is disposed of in terms of that mediation
settlement agreement, which will form part of this judgment.
Sd/-
ANIL K. NARENDRAN
JUDGE
Sd/-
K. BABU
JUDGE
yd
