Kerala High Court
Aashiq Bava vs Kans Wedding Centre on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
OP(C) NO. 425 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 101/2020 OF ADDITIONAL SUB COURT,NORTH PARAVUR
PETITIONER/PLAINTIFF:
SUBAIDA BAVA
AGED 55 YEARS
W/O P M BAVA,
PARELIL HOUSE, CHENGAL, KALADY P O,
VADAKKUMBHAGAM VILLAGE,
ALUVA TALUK, ERNAKULAM DISTRICT.
BY ADVS.
VARGHESE C.KURIAKOSE
SRI.V.P.POULOSE
RESPONDENTS/DEFENDANTS:
1 M/S KANS WEDDING CENTRE
REGISTERED OFFICE AT DOOR NO. 13/479, P O VALAPPAD,
ANAVIZHUNGINADA, THRISSUR DISTRICT, PIN-680567.
REPRESENTED BY AUTHORISED SIGNATORY, NIYAS K A, S/O K P ABDUL
JABBAR, .
2 NIYAS
S/O K P ABDUL JABBAR, MANAGING PARTNER, KANS WEDDING CENTRE, REGD,
OFFICE AT DOOR N.13/479,
P O, VALAPPAD, ANAVIZHUNGINADA, THRISSUR DISTRICT-680567.
3 MR K A NOUSHAD
AGED 42 YEARS
S/O K P ABDUL JABBAR,
RESIDING AT KANNATHU, PADIKAL HOUSE, VALAPPAD VILLAGE AND DESOM,
CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN-680567.
4 MR K A NOORSHA
AGED 40 YEARS
S/O K P ABDUL JABBAR,
RESIDING AT KANNATHU,
PADIKAL HOUSE,
VALAPPAD VILLAGE AND DESOM, CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN-680567.
BY ADV SRI.C.DHEERAJ RAJAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022, ALONG WITH
OP(C)NOS.442/2021, 443/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)Nos.425, 442 & 443 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
OP(C) NO. 442 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 102/2020 OF ADDITIONAL SUB COURT,NORTH
PARAVUR
PETITIONER/PLAINTIFF:
AASHIQ BAVA,
AGED 26 YEARS,
S/O.P.M.BAVA, PARELIL HOUSE, CHENGAL, KALADY P.O.,
VADAKKUMBHAGAM VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
BY ADVS.
VARGHESE C.KURIAKOSE
SRI.V.P.POULOSE
RESPONDENTS/DEFENDANTS:
1 KANS WEDDING CENTRE
REGD. OFFICE AT DOOR NO.13/479, P.O.VALAPPAD, ANAVIZHUNGINADA,
THRISSUR DISTRICT, PIN-680567, REP. BY AUTHORISED SIGNATORY,
NIYAS K.A., S/O.K.P.ABDUL JABBAR.
2 NIYAS,
S/O.K.P.ABDUL JABBAR, MANAGING PARTNER, KANS WEDDING CENTRE,
REGD. OFFICE AT DOOR NO.13/479, P.O.VALAPPAD, ANAVIZHUNGINADA,
THRISSUR DISTRICT, PIN-680567.
3 MR.K.A.NOUSHAD,
AGED 42 YEARS,
S/O.K.P.ABDUL JABBAR, RESIDING AT KANNATHU PADIKAL HOUSE,
VALAPPAD VILLAGE AND DESOM, CHAVAKKAD TALUK,
THRISSUR DISTRICT-680567.
4 MR.K.A.NOORSHA,
AGED 40 YEARS
S/O.K.P.ABDUL JABBAR, RESIDING AT KANNATHU PADIKAL HOUSE,
VALAPPAD VILLAGE AND DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-
680567.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022, ALONG WITH
OP(C).NOS.425/2021, 443/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)Nos.425, 442 & 443 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
OP(C) NO. 443 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 100/2020 OF ADDITIONAL SUB COURT,NORTH
PARAVUR
PETITIONER/PLAINTIFF/RESPONDENT:
P.M.BAVA,
AGED 63 YEARS,
S/O. LATE P.K.MOHAMMED BAVA, PARELIL HOUSE, CHENGAL, KALADY
P.O., VADAKKUMBHAGAM VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
BY ADVS.
VARGHESE C.KURIAKOSE
SRI.P.J.JOSE
SHRI.SUSANTH SHAJI
SRI.V.P.POULOSE
RESPONDENTS/DEFENDANTS/PETITIONERS 1 AND 2 AND RESPONDENTS 2 AND 3:
1 M/S KANS WEDDING CENTRE
REGD. OFFICE AT DOOR NO.13/479, P.O.VALAPPAD, ANAVIZHUNGINADA,
THRISSUR DISTRICT, PIN-680567, REP. BY AUTHORISED SIGNATORY,
NIYAS K.A., S/O.K.P.ABDUL JABBAR.
2 NIYAS,
S/O.K.P.ABDUL JABBAR, MANAGING PARTNER, KANS WEDDING CENTRE,
REGD. OFFICE AT DOOR NO.13/479, P.O.VALAPPAD, ANAVIZHUNGINADA,
THRISSUR DISTRICT, PIN-680567.
3 MR.K.A.NOUSHAD,
AGED 42 YEARS
S/O.K.P.ABDUL JABBAR, RESIDING AT KANNATHU PADIKAL HOUSE,
VALAPPAD VILLAGE AND DESOM, CHAVAKKAD TALUK,
THRISSUR DISTRICT-680567.
4 MR.K.A.NOORSHA,
AGED 40 YEARS
S/O.K.P.ABDUL JABBAR, RESIDING AT KANNATHU PADIKAL HOUSE,
VALAPPAD VILLAGE AND DESOM, CHAVAKKAD TALUK,
THRISSUR DISTRICT-680567.
BY ADV SRI.C.DHEERAJ RAJAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022, ALONG WITH
OP(C).NOS. 425/2021, 442/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)Nos.425, 442 & 443 of 2021
COMMON JUDGMENT
Dated this the 06th day of July, 2022
The learned counsel appearing for the parties
on both sides submit that the subject matter in dispute
between the parties in all the three original petitions
have been settled, as per the memorandum of
mediation settlement agreement, dated 30.06.2022,
signed by the parties and counter signed by their
respective counsel.
2. I have perused the memorandum of mediation
settlement agreement and have found the same to be
in accordance with law.
In the result, the original petitions are
allowed, in the light of the memorandum of mediation
settlement agreement, dated 30.06.2022, which shall
O.P.(C)Nos.425, 442 & 443 of 2021
form a part of the judgment. Needless to mention, the
parties would be at liberty to move the court below and
seek for refund of the court fee, in accordance with
law.
Sd/-
C.S.DIAS
Judge
NR/06/07/2022
O.P.(C)Nos.425, 442 & 443 of 2021
APPENDIX OF OP(C) 425/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE RENT DEED ENTERED
INTO BETWEEN THE PETITIONER, HER HUSBAND AND
SON ON ONE PART AND THE RESPONDENTS ON THE
OTHER PART ENTERED ON 06.03.2015.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE SUPPLEMENTARY
AGREEMENT WAS ALSO EXECUTED BETWEEN THE
PETITIONER, HER HUSBAND AND SON ON ONE PART AND
THE RESPONDENTS ON THE OTHER PART ON
20.06.2015.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE PLAINT IN OS NO.
101/2020 ON THE FILES OF ADDL. SUB COURT, NORTH
PARAVUR.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR
ATTACHMENT OF MOVABLE PROPERTY AS IA NO. 1/2020
IN OS NO. 101/2020 ON THE FILES OF ADDL SUB
COURT, NORTH PARAVUR.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION AS IA
NO. 4/2020 IN OS NO 101/2020 ON THE FILES OF
ADDL SUB COURT, NORTH PARAVUR INVOKING SECTION
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE COUNTER AFFIDAVTI
FILED BY THE PETITIONER IN IA NO. 4/2020 IN OS
NO.101/2020 ON THE FILES OF ADDL SUB COURT,
NORTH PARAVUR.
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE COMMON ORDER IN IA
NO.4/2020 IN OS NO.100/2020, 4/2020 IN OS NO.
101/2020 AND 4/2020 IN OS NO 102/2020. DATED
11.12.2020.
O.P.(C)Nos.425, 442 & 443 of 2021
APPENDIX OF OP(C) 442/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE RENT DEED DATED
6.3.2015 ENTERED INTO BETWEEN THE PETITIONER'S
FATHER, HIS MOTHER SUBAIDA BAVA AND THE
PETITIONER ON ONE PART AND THE RESPONDENTS ON
THE OTHER PART.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE SUPPLEMENTARY
AGREEMENT DATED 20.6.2015 BETWEEN THE
PETITIONER'S FATHER, HIS MOTHER SUBAIDA BAVA
AND THE PETITIONER ON ONE PART AND THE
RESPONDENTS ON THE OTHER PART.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE PLAINT IN
O.S.NO.102/2020 ON THE FILES OF ADDL. SUB
COURT, NORTH PARAVUR.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR
ATTACHMENT OF MOVABLE PROPERTY AS I.A.NO.1/2020
IN O.S.NO.102/2020 ON THE FILES OF ADDL. SUB
COURT, NORTH PARAVUR.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION AS
I.A.NO.4/2020 IN O.S.NO.102/2020 ON THE FILES
OF ADDL. SUB COURT, NORTH PARAVUR INVOKING
SECTION 8.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITIONER IN I.A.NO.4/2020 IN
O.S.NO.102/2020.
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE COMMON ORDER DATED
11.12.2020 IN I.A.NO.4/2020 IN O.S.NO.100/2020,
I.A.NO.4/2020 IN O.S.NO.101/2020 AND
I.A.NO.4/2020 IN O.S.NO.102/2020 ON THE FILES
OF ADDL. SUB COURT, NORTH PARAVUR.
O.P.(C)Nos.425, 442 & 443 of 2021
APPENDIX OF OP(C) 443/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE RENT DEED ENTERED
INTO BETWEEN THE PETITIONER, HIS WIFE AND SON
ON ONE PART AND THE RESPONDENTS ON THE OTHER
PART ENTERED ON 6.3.2015.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE SUPPLEMENTARY
AGREEMENT DATED 20.6.2015 EXECUTED BETWEEN THE
PARTIES.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE PLAINT IN
O.S.NO.100/2020 ON THE FILES OF ADDL. SUB
COURT, NORTH PARAVUR.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR
ATTACHMENT OF MOVABLE PROPERTY AS I.A.NO.1/2020
IN O.S.NO.100/2020 ON THE FILES OF ADDL. SUB
COURT, NORTH PARAVUR.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION AS
I.A.NO.4/2020 IN O.S.NO.100/2020 ON THE FILES
OF ADDL. SUB COURT, NORTH PARAVUR INVOKING
SECTION 8.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITIONER IN I.A.NO.4/2020 IN
O.S.NO.100/2020 ON THE FILES OF ADDL. SUB
COURT, NORTH PARAVUR.
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE COMMON ORDER IN
I.A.NO.4/2020 IN O.S.NO.100/2020, I.A.NO.4/2020
IN O.S.NO.101/2020 AND I.A.NO.4/2020 IN
O.S.NO.102/2020 DATED 11.12.2020.
BEFORE THE HON'BLE HIGH COURT OF KERAL AT ERNAKULAM
OP /CI Nos. 442 of 2021. 443/2021 & 425/2021
Aashiq Bava Petitioner
Vs.
M/s. Kans wedding cente & Others : Respondents
rl MEMORANDUM OF MEDIATION SETTLEMENT AGREEMENT
UNDER SECTION 89 0.F THE CODE OF THE CIVIL PROCEDURE
READ \/\/lTll RULES 24 0F TIIE CIVIL PROCEDURE {MEDIATION}
RULES. 2008.
The OP (C) Nos. 442/2021, 443/2021 & 425/2021 is settled as per
the following terms and conditions:
1. The parties have settled the disputes by handing over possession
of building to the land lord (P.M Bava, Subaida Bava &
/-\
Aashique Bava)
2. The rent arrear in RCP No.1/2020 on the files of Rent control
Court, Aluva stands waved by the land lord.
3. The tenant had paid an amount of Rs.23,00,000/- (Rupees
Twenty Three Lakhs only) to the land lord as advance, from the
said amount, Rs.8,00,000/- (Rupees Eight Lakhs only) is
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permitted to be adjus.ted towards damages due to the land lord.
A sum of Rs.7,33, 305/- (Rupees Seven Lakh Thirty Three Thousand
Three Hundred and Five only) is paid by the land lord towards
electricity dues. Thus the balance amount payable to tenant is
Rs.7,46,695/- (Rupees Seven Lakh Forty Six Thousand Six Hundred
and Ninety Five only) and from the balance amount, an amount
of Rs.2,46,695/- (Rupees Two Lakh Forty Six Thousand Six
rl Hundred and Ninety Five only) is transferred through bank by the
land lord to the Account of the tenant Niyas K.A, the Managing
Partner M/s.Kans Wed.ding Centre (Kans Baby). The balance sum of
Rs.5,00,000/- (Rupees Five Lakhs only) is to be paid through post
dated Cheque dated 17/07/2022 bearing No.000432 of HDFC Bank,
Kalady. The Land lord assures the tenant that the cheque will be
honoured.
4. Other than what is stated above in the forgoing clause, neither
party is having any claim against the other on account of rent
arrangement. In the event of cheque getting dishonoured, it Will be
open to tenant to proceed against the land lord, in accordance with
law and there will be a charge over the tenanted premises for the
said amount.
5, In the light of the settlement as aforementioned the parties
agreed that the above mentioned OP (C) Nos. 442/2021, 443/2021
& 425/2021 can be allowed and impugned order can be set aside and
the suit can be permitted to withdrawn and initial Court Fee can be
efunded to the land Ilords.
lurus.
heralaslateMediat*aconcwiatjon
High Court of Kerala
Kochi -682 031
6. In this settlement agreement, Niyas K.A, represent the tenants
and Sri.P.M Bava represent the land lord and both agree and
assure each other that they are having necessary authority to enter
into this mediation agreement and they are doing this with the
express consent of the other parties.
..1
Dated this the 30th day of June, 2022.
Petitioner
P. M. Bava
Respondent No.2
i Niyas
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High Court of Kerala
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