Kerala High Court

Antony And Others vs Shajan Antony on 3 January, 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN

MONDAY, THE 3°¢ DAY OF JANUARY 2022 / 13TH POUSHA, 1943

RFA NO. 437 OF 2010 (J)

AGAINST THE JUDGMENT AND DECREE DATED 31.03.2010 IN OS No.300/2007 OF

PRINCIPAL SUB COURT, NORTH PARAVUR

APPELLANTS /DEFENDANTS :

ANTONY @ ANTHAPPAN, S/o BAVELI AVARA,
CHI RAKKAKOM KARA, VARAPUZHA VILLAGE,
PARAVUR TALUK, ERNAKULAM DISTRICT.

PAUL ANTONY @ THANKACHAN, S/o BAVELI ANTONY,
VARAPUGHA P.O., VARAPUZHA DESOM, PARAVUR TALUK.

ABRAHAM BAVELI @ AVARACHAN, S/o BAVELI ANTONY,
VAZHAPPILLY LINE, KURIACHIRA DESOM, THRISSUR TALUK.

SHAIJA, W/o MANUVEL, MULLOOR VEETTIL,
KURIACHTRA UNITY FIRST LINE, THRISSUR.

BY ADVS. SRI PAUL JACOB P
SRI.P.R.RAJA
SRI.P.R.VENKATESH

RESPONDENT / PLAINTIFF:

THIS
03.01.2022,

SHAJAN ANTONY, S/o BAVELI ANTONY,
MISSION QUARTERS DESOM, CHEMBUKKAVU VILLAGE,
THRISSUR TALUK,

BY ADVS. SMT.GEETHA P.MENON
SRI.P.B.KRISHNAN
SRI.P.B.SUBRAMANYAN

REGULAR FIRST APPEAL HAVING COME UP FOR HEARING
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ON

 
 

RFA No.437 of 2010 2

JUDGMENT

The matter is settled between the parties in mediation. A report is received along with the settlement arrived at by the parties. Hence the appeal is disposed of in terms of the settlement arrived at by the parties and the settlement dated 13.09.2012 will form part of the judgment and decree. Refund the entire court fee paid to the appellants under Section 69A of the Kerala Court Fees and Suits

Valuation Act.

Sd/-

P. SOMARAJAN JUDGE DMR/-

The Kerala Mediation Centre

Niyama Sahaya Bhavan, High Court Compound, Ernakulam, Kochi-682 031 Tele/Fax : 0484-2396717 Mob : 9447387151

'No.KMC/806/09/MED/51 / 26 if Date:. (812%, tm,

From The Director, A.D.R.Centre, High Court Mediation Centre.

To ae JS The Registrar (Judicial),

High Court of Kerala,

Ernakulam.

Sir, Sub: Mediation of referred cases - reg.

Ref: Referral Order in 7? boveeeveess dated...../ 2 WE aes of the Hon'ble High Court of Kerala.

a ok ok

The report of the Mediator in the matter is furnished herewith for

information and necessary action.

Yours faithfully,

for Director Kerala Mediation Centre

a a Encl: 1. Mediators Report ,Terms of Settlement.

2. Copy of referral order dated. /24/20F the High Court of Kerala.

3. Copy of petition.

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

R.F.A. No.437/2010

Antony @ Anthappan and Others : Appellants

Vs.

Shajan Antony : Respondent

SETTLEMENT REPORT SUBMITTED BY THE MEDIATOR ADV. M.A. ZOHRA IN THE ABOVE MATTER

The above matter was posted for mediation before the High Court Mediation centre 13.09.2012. After a detailed facilitation today for the whole day, the parties could resoive their issue and arrived at a compromise regarding the matter in issue in the above case and the matter is settled. Compromise report is attached to this report. It is reported that the mediation was successful and the matter is reported as "Settled".

Dated this the 13 day of September, 2012.

ADV. M.A, ZOHRA MEDIATOR HIGH COURT MEDIATION CENTRE

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

R.F.A. No.437/2010

Antony @ Anthappan and Others : Appellants

Vs.

Shajan Antony : Respondent

COMPROMISE PETITION FILED UNDER ORDER 23 RULE (3) OF THE CODE OF CIVIL PROCEDURE:

The above matter was referred for mediation before the High Court Mediation Centre and the parties to the above appeal have settled their differences in mediation as per consensus between them entered in the presence of their respective counsels on the following terms:

1. it is agreed between the parties that as per the Judgment and decree in O.S. 300 of 2007 of the Sub Judge, North Paravur, which is the subject matter of the appeal, the documents which are cancelled as per the decree shall be treated as cancelled.

2. It is agreed that as per the terms of this settlement the 1° appellant Antony (father) shall look after his wife Thressia, and maintain her and shall reside in the house in the 1™ appellant's

property without any disturbance by the appellants 2 to 4 or the respondent during their lifetime. It is also agreed that the shop room situated on the western side of this property shall be leased out and the rent shall be used for the maintenance of Thressia (wife of Antony and mother of other parties).

3. Shajan the elder son of Antony being the respondent in this appeal shall be given 10 cents as per this agreement to settle his claim in this appeal, on the eastern side of the house belonging to the 1° appellant. The extent of the said 10 cents shall be carved out without touching the house or affecting it (Except kitchen and chimney which can be demolished). There shall be not diminution of the extent of 10 cent. Shajan shall take necessary steps to register the sale deed after paying Rs.30,000/- as agreed to be paid to the 1" appellant, demarcating the property as agreed, and relinquishing his rights in the remaining extent of the 1° appellant's property which shall be enjoyed equally by the 1° appellant and his wife Thressia during their lifetime. The respondent shall meet the expenses for demolition of the kitchen portion and construction of wall separating the property within 3 months of the registration of the document. The document shall contain a specific clause that Shajan has no right in the remaining property of the parents which shall devolve on the appellants 2 to 4 herein as per the settlement deed executed by the 1* Appellant as per terms of this compromise at the earliest. It is clarified that Shajan relinquishes all his further rights of succession in the parent's property on execution of the above

transfer deed/sale deed in his favour by the 1* appellant.

" Tete eine : hE weet oe a teat

KreShs ren re . ec igus ees ican aa "

TAG ble ee eis em voli ot he io aan ;

MG: vr .

Shote SH

4. It agreed by the parties that the main condition of this compromise is that by getting 10 cents through the sale deed to be executed by the 1* appellant, Shajan shall make no further claim over the remaining properties of father and mother and that after their lifetime it shali belong to the appellants 2 to 4 to the exclusion of Shajan. . It is agreed that the 1° appellant shall simultaneously execute a settlement deed settling the remaining property excluding the 10 cents given to Shajan in favour of his wife Thressia and appellant 2 to 4 herein, retaining life estate.

5. It is also agreed that if the father and mother need money for their existence necessitated by illness or support for their livelihood ,they are entitled to create joint reversible mortgage of the remaining property with the consent of appellants 2 to 4 which shail not be denied to them and the appellants 2 to 4 alone can redeem it. In this regard Shajan has no liability in redeeming the property. Shajan and his legal heirs are estopped from future claims in Shajan's parent's property.

6. The parties shall strictly abide by the above terms and conditions

and execute this compromise on their own consensus.

bhi

state Cerye rate Mean aad Conciation Lene : or abe nee High Coun or Kerala Kochi - 682 031

Since the parties agree to the above terms and conditions it is humbly prayed that this Honourable Court may be pleased to record this compromise and dispose of the above appeal and direct a decree to drawn up in terms of the above compromise, in the interest of justice.

Dated this the 13th day of September, 2012.

Appellants 1 to 4 Respondent

Antony Qa Shajan Antony er paulo

Abraham Baveli @ Avarachan (P [2 KA. NO on SOL Tgp --

Shaija | Uy AS es Mh

Counsel for the Appel ant Nol Counsel fo

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Counsel <r" then er pellants 2 to4

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nd Conciliation Centre

an Kerala State vi ween Court of Karala Kochi - 082 034