V.M.Sajeed vs C.V.Thankachan
2022 Latest Caselaw 1916 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
          Friday, the 18th day of February 2022 / 29th Magha, 1943

                            CRP NO. 253 OF 2019


       EP 61/2012 IN OS 105/2009 OF SUB COURT, CHERTHALA, ALAPPUZHA

PETITIONER IN CRP - PETITIONER IN E.A/JUDGMENT DEBTOR:

     V.M.SAJEED, AGED 47 YEARS, S/O. MOOSAKUTTY, VALIYAKULANGARAYIL,
     PUTHIYA PUNNATHAAYIL, PANAVALLY MURI, PANAVALLY VILLAGE, PIN-688
     526.

   BY ADVS.SRI.P.B.KRISHNAN, SRI.P.M.NEELAKANDAN, SRI.P.B.SUBRAMANYAN,
   SRI.SABU GEORGE & SRI.MANU VYASAN PETER

RESPONDENTS IN CRP - RESPONDENT IN EA/DECREE HOLDER:


     C.V.THANKACHAN, AGED 49 YEARS, S/O MATHAI VARKEY, CHIRATHARA
     VEETIL, VARANAM MURI, THANEERMUKKOM NORTH VILLAGE, PIN-688 555.

    BY ADVS.SRI.T.B.HOOD & SMT.M.ISHA




            This CRP having again come up for orders on 18.02.2022, upon
perusing the petition and this court's order dated 07-02-2022, the cout on
the same day passed the following;




                                                                     (p.t.o)
                                   A.BADHARUDEEN, J.
                    .........................................................
                          C.R.P.Nos.252 and 253 of 2019
                    ..........................................................
                      Dated this the 18th day of February, 2022

                                         ORDER

In this matter, a mediation report is filed. Clause No.3 in the

agreement includes the following:

"3. If the petitioner makes all the payments on time, the respondent shall withdraw the execution petition pending against the petitioner and the sale will stand set aside."

2. Parties cannot by agreement set aside a sale that too

effected by a court of law. Therefore, condition No.3 in the

mediation agreement to the extent is against law and the same is

not accepted.

3. In view of the matter the mediation report is sent back

to the mediator to exclude the said clause and file a fresh

mediation report within a period of seven days, if parties agreed for

that.

Call on 25.03.2022 for the report of the mediator or for

hearing the matter on merits finally.

H/o.

Sd/-

A.BADHARUDEEN, JUDGE.

nkr

18-02-2022 /True Copy/ Assistant Registrar