Kerala High Court

P.G.Geevarghese @ P.G.Varghese vs Jincy Shibu on 25 August, 2022

IN THE NIGH COURT OF RERALA AT SRNARUISM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUBAMER MUSTAOUR
&
TRE NONQUBABLE MES. QJUSTICE SOPHY THOMAS
THURSDAY, THE 28°" pay oF AuSuST 2082 / BRD BRADRA, 1944
MAT APERAL NO. S52 OF 26035
ASATNST THE ORDER /SSUDGMENT IN Oo. PF. NGO. 1062/2007
OF FAMILY COURT, BRNARULAM
SEPELLANT / 8 2
i [email protected] GERVARGHESE € 2G. VARGHESE ,

AGED 7 YEARS, S/O. GEEVARGHESS, IUTRENTSOPPIL HOUSR,
RABIPPUSHA B.O., MAVELIREARA ~ 880 109.

2 MARYRUTIN VARGHESE, W/O. P.G. VARGHESE.
BUTEENTHOPPSIR HOUSE, KARIDISHA P.O. ,
MAVELIREARA ~- £80 209.

BY ADVE.

SRI. GEORGE VARGHESE ( SSRUMPALLIRUTTIVIS}
SEIS. RB. DILBEP

SRI.MAND SBRASTIAN

EMT BARVATEY NAIR

L  SINCY SHEBU, AGED 36 YEARS, a.
W/O. SRIBU VARGHESE, RYAT 44/2278, RANOTRasirnamo ETL,
ASHORA ROAD, KALOOR, KOCHE - S882 G17.

AREI. SHXIBU VARGHESE, AGED 13 YEARS,

S/O. SEESU VARGRESE, NENOR REPRESENTED BY HOFER Ae
GUAROIAN JINCY SHIEU VARGHESE, B/AT 44/2178

RAR TIRATROMIOOTLEIL, ASHORA ROAD,

RALOOR, ROCHE ~ $82 017.

fad

3 THE BRANCH MANAGER,
STATE BANE OF YRAVANCIIRE, KARTPRURRA BRANCH,
KARIEPUSHA, ALABRUENA DTSeR Ter,
THE STATE BANK OF TRAVANCORE
REP. BY THE REGIONAL MANAGER, REGIONAL OFFICE,
PANAMETLLY NAGAR, KOCET - 36,

SY ADV SHRI.R. BADL KURTAROSE

TRIS MATRIMONIAL APPEAL RAVING BEEN FINALLY REARD ON 25.08.2022,
THE COURT O THE SAME DAY DELOVERED THE POLLOWING:
 

bead

Mat Appeal No 82/2015
Bp

JUDGMENT

A.Muhamed Mustaque, J.

This appeal has been preferred by respondents 1 and 2 in O.F.No.192/2007 on the file of the Family Court, Ernakulam. Pending appeal, the parties were referred for mediation. In the mediation, the parties settled their disputes and entered into a settlement agreement. The memorandum of the settlement agreement is on board along with the report of the mediater.

fn the light of the memorandum ef the settlement agreement, we dispose of this appeal recording the settlement. The memorandum of the settlement agreement shall form part of the judgment. We direct the Family Court, Ermakulem, to release the fixed deposit receipts as referred to In paragraph 3(13 of the memorandum of the settlement agreement to the first respondent herein ithe

first petitioner in [email protected]/2087), without any delay.

Sd f~ A.MURAMED MUSTAQUR, JUDGE

Ba/~ SOFEY TEOMAS, JORGE

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Mat. Appeal No.652/2015

RG Geevarghese @ P.G Varghese & Anr : Appellants : Q } VS.

Jincy Shibu & Others >. Respondents

MEMORANDUM OF SETTLEMENT AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008: .

The parties have resolved to settle their disputes involved in the above matter as foliows:-

1 The 1* appellant herein Is the 1" respondent in O.P. No. 1062/2007 on the fles of Family Court, Ernakulam and the respondents are the petitioners therein, The 1° appellant is the father of Shibu Varghese, the deceased husband of the 1" respondent and the 2°° respandent is the son of deceased Shibu Varghese. Since the filing of this appeal, the 2™ appellant passed away and the right to sue survive on the 1* appellant

i. The above original petition is fled seeking for the return of money and gold ornaments from the appellant and his deceased wife Marykutty Varghese, The Family Court, Ernakulam by decree dated 24.02.2015 alowed return of gold amarments and ardered recovery of money, Challenging the said decree the above appeal is filed.

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2 The 2° respondent /2 petitioner has attained majority and the i* respondent/1* petitioner has remarried. They are the legal heirs of deceased Shibu Varghese.

The 1° appellant and the respondents have resolved to _

settle all disputes existing between the parties through media and accordingly have resolved their disputes on the following terms:

i} The Lappellant hereby agrees that the original of Fixed Deposit Receipts (9 nos. as enlisted below} of Shibu Varghese wherein his wife Jincy Mathew @ Jincy Shibu is the nominee, which are produced as Exhibits In O.R No. 102/07 of the Family Court, Ernakulam be released to fincy Mathew, the 1* respondent. The

i™ respondent may make necessary application before the Family Court, Ernakulam and release the said Fixed Denosit Receipts for ancashment from the respective Banks. If in the event of the said Fixed Deposit Receipts being not available, either having been irrecoverably lost or otherwise, the L™ respondent may in such circumstances also make necessary application to the concerned bank for encashment of the said Fixed Deposits for receiving the proceeds covered by the said Deposits, including the accrued interest thereon. The

1* appellant has no objections whatsoever in the concerned bank paying the proceeds covered by the sald Deposits, including the accrued interest thereon fo Jincy Mathew, the 1% respondent. The following are the nine Fixed Deposit Receiogts:

Si. Receiot Specie! Term Date Amount Sank No No. Deposit Accounts

i. 135416 | 570576958899 | 22.10.03 | Rs. 33.4777 | State Rank (STDS00259) of

Travancare Karipuzha Branch

x is had

Sa un ims a

134337 | SYOS7693814 | 20.01.03 | Rs, State Bank (STD2987} of Travancore Karipuzha Branch

5) in OH C

3. 134306 | 57057693734 | 13.01.03 | Rs.80,8! State Bank (STO2958} of

Travancore Karipuzha

4. 134626 | 57057694148 | 28.03.03 | Rs.50,939/- | State Bank (STBS187} st

Travancore Karipusna Branch

OO8522 | 57057630773 | 12.64.04 4649.5 State Bank (FST4004} USD of Travancore Karipugha Branch

Rs,19,448/- | State Bank

Travancore , Neripucha Branch

214697 | SYD201267 13,

Os poet haved oa 4m

}. O08547 | §7057630933 | 25.10.04 1,049.17 > State Bank (FST4G31} Pounds af Travancore Karinuzha Brancn

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New f va Nace nese

8. 006543 . §7O57630911 | 16.09.04 4381.87 | State Sank (FS T4028) usa of Travancore Karipuzha Sranch 8, O08593 | S7OS7E31198 | 270,.05,.06 4994.26 | State Bank USD art Travancore Karipugna Branch i} The l*eppellant has handed over to Jincy Mathew

(1" respondent) 44 sovereigns (352 gms) of gold arnaments belonging to Jincy Mathew on 16.08.2023? and

the 1" respondent has received 44 sovereigns (352 gms.} of gold ornaments = from the 1° appellant Mr RG. Geevarghese, after being convinced of the quantity and quality of the same.

HA The 1* Appellant and the daughters of 1° Appellant's predeceased daughter Sherly Varghese @ Sherly Thamas namely Sneha Mary Thomas and Soumya Mariam Thomas shall execute a deed of settlement reserving the [fe interest of 1S appellant including right to take yield from the property, in favour of Abel Varghese Shibu, the

2 respondent, son of late Shibu Varghese, transferring 12.81 Ares (31.64 cents} of property comorised |

iv)

Sy. No.i50/5 of Kannamangalam Village of Mavelikara Taluk and building thereon bearing No. 1/70 of Kadavoor ward of Chettikulangara Panchayath, inclusive of way leading to the said property, towards his share in the family property, it is further agreed that the deed of settlement shall be executed within 15.11.2022 and the deed shall be handed over to Abef Varghese Shibu on or before 31.12.2022. The above settlement is made towards the entire share of Abel Varghese Shibu In the assets of the 1% appellant and he will have no other claim over any other properties transferred or subsisting In the name of the appellant,

Subject ta compliance and satisfaction af the clauses 4{)}, 4h} and 4€i) herein above, the 1" respondent relinquish all her rights arising out of decree dated 24.04.2015 in O.P, No. 102/07 of Family Court, Ernakulam, which is the subject matter of Mat. App. No. 652/2015 in view of the settiement reached bebween 1* appellant and respondents L& 2.

Subject to compliance and satisfaction of the clauses 4(h}, 4{}) and 4H) herein above, the appellant and respondents further state that there Is no subsisting clalm other than those mentioned herein above existing between the appellant and respondents and a decree may be

passed in terms of this compromise.

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Hence, it is humbly prayed that this Hon'ble Court may be pleased to record this settlement agreement as part of this Hon'ble Court's Judgment and Decree in the above matter and dispose of the Appeal accardingly In the interests of justice.

Dated this the 10th day of August, 2022.

Appellant

BG Geevarghese @ PG Varghese

Respondents _

1. fincy Shibu

Counsel for the Appellant Counset for the R

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