Mary Mathai vs Betrons Builders Pvt. Ltd
2022 Latest Caselaw 6302 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                        OP(C) NO. 1869 OF 2019


PETITIONER:

            MARY MATHAI,
            AGED 70 YEARS,
            W/O MATHAI,
            PUTHENVEETIL HOUSE,
            VADAVATHOOR P.O.,
            VIJAYAPURAM VILLAGE,
            KOTTAYAM DISTRICT PIN-686 010
            BY ADVS.
            JOHN MATHEW (THEREZHATH)
            MANEESH T.T.


RESPONDENTS:

    1       BETRONS BUILDERS PVT. LTD
            28/986A, BETRONS HOUSE, POONETH TEMPLE ROAD,
            KADAVANTHARA, KOCHI, PIN - 682 020
            REPRESENTED BY ITS MANAGING DIRECOR, SEBASTIAN.
    2       V.D. SEBASTIAN,
            AGED 55 YEARS,
            BETRONS BUILDERS PVT. LTD,
            28/986A , BETRONS HOUSE,
            POONETH TEMPLE ROAD, KADAVANTHARA,
            KOCHI, PIN - 682 020
    3       SEBASTIAN V. SEBASTIAN,
            AGED 21 YEARS,
            S/O. V.D. SEBASTIAN,
            RESIDING AT H.B. 68,
            PANAMPILLY NAGAR, COCHIN-36.
            PIN - 682036
            BY ADVS.
            SHYNI DAS J.S.
            SRI.LIJU.V.STEPHEN
            SMT.INDU SUSAN JACOB
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.1869 OF 2019

                                 2



                              JUDGMENT

Dated this the 03rd day of June, 2022

The learned counsel appearing for the

petitioner and the respondents submit the dispute

between the parties involved in this original petition

has been settled between them as per the

memorandum of compromise petition dated

01.06.2022, signed by the parties and counter signed

by respective counsel.

2. I have perused the memorandum of

compromise petition and have found the same to be in

accordance with law.

3. In the result, the original petition is disposed

of, as per the terms and conditions in the memorandum

of compromise petition, which shall form a part of this

judgment.

O.P.(C)No.1869 OF 2019

4. As agreed by both parties, the attachment of

the properties comprised in Re. Survey No.179/1 of

Thiruvaniyoor Village covered by Ext.P10 sale deed

ordered by this Court shall stand lifted. The Registry

shall communicate this judgment to the Puthencruz

Sub Registry Office.

Sd/-

C.S.DIAS Judge

NR/03/06/2022 O.P.(C)No.1869 OF 2019

APPENDIX

PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE EXECUTION PETITION FILED BY THE PETITIONER/ DECREE HOLDER PENDING ON THE FILE OF THE 2ND ADDITIONAL SUB COURT, ERNAKULAM AS E.P. NO. 213/2015.

EXHIBIT P2 THE TRUE COPY OF THE DECREE DATED 11.02.2011 PASSED BY THE 2ND ADDITIONAL SUB COURT AT ERNAKULAM.

EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 27.10.2015 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN O.P.(C) NO. 2561/2015 EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED 29.11.2017 PASSED BY THIS HON'BLE COURT IN R.F.A. NO. 671/2016 EXHIBIT P5 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE OF THE ATTACHED PROPERTY OF 38.86 ARES DURING THE DATES BETWEEN 01.01.1987 TILL 26.05.2017. EXHIBIT P6 THE TRUE COPY OF THE CLAIM PETITION FILED BY THE 3RD RESPONDENT BEFORE THE COURT BELOW AS E.A. NO. 133 OF 2018.

EXHIBIT P7 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO MODIFY THE ORDER OF ATTACHMENT AS E.A. NO. 808/2018 IN E.P. NO. 213/2015 EXHIBIT P8 THE TRUE COPY OF THE DELAY CONDONATION PETITION FILED BY THE PETITIONER BEFORE THE COURT BELOW AS E.A.NO. 242 OF 2019.

EXHIBIT P9 THE TRUE COPY OF THE REVIEW PETITION FILED BY THE PETITIONER BEFORE THE COURT BELOW AS E.A. NO. 243 OF 2019.

EXHIBIT P10 THE TRUE COPY OF THE SALE DEED NO. 967/2007 OF PUTHENCRUZ SRO.

EXHIBIT P10(a) THE TRUE COPY OF THE SALE DEED NO. 1067/2014 OF PUTHENCRUZ SRO.

EXHIBIT P10(b) THE TRUE COPY OF THE SALE DEED NO. 1228/2015 OF PUTHENCRUZ SRO.

EXHIBIT P10(c) THE TRUE COPY OF THE SALE DEED NO. 1948/2017 OF PUTHENCRUZ SRO.

EXHIBIT P11 THE TRUE COPY OF THE APPLICATION FILED UNDER THE ORDER XXI RULE 58 OF CPC READ WITH SECTION 53 OF THE TRANSFER OF PROPERTY ACT PENDING ON THE FILE OF THE COURT BELOW AS E.A. NO. 381 OF 2019.

EXHIBIT P12 THE TRUE COPY OF THE ATTACHMENT APPLICATION FILED UNDER ORDER XXI RULE 22 (2) OF THE CODE OF CIVIL PROCEDURE, 1907 AS E.A. NO. 382/2019 O.P.(C)No.1869 OF 2019

EXHIBIT P13 THE TRUE COPY OF THE IMPUGNED ORDER DATED 27.06.2019 PASSED BY THE COURT BELOW IN EXT. P8 APPLICATION.

EXHIBIT P13(a) THE TRUE COPY OF THE IMPUGNED ORDERS DATED 27.06.2019 PASSED BY THE COURT BELOW IN EXT. P9 APPLICATION.

EXHIBIT P14 THE TRUE COPY OF THE RELEVANT PROCEEDINGS DATED 27.06.2019 OF THE COURT BELOW IN THE EXT. P1 EXECUTION PROCEEDINGS.