M.R. Babu vs K.A.Varhese
2023 Latest Caselaw 13509 Ker

Citation : 2023 Latest Caselaw 13509 Ker
Judgement Date : 21 December, 2023

Kerala High Court

M.R. Babu vs K.A.Varhese on 21 December, 2023

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
 THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
                      OP(C) NO. 2207 OF 2022
IN CMA 32/2021 OF ASSISTANT SESSIONS COURT/SUB COURT, MUVATTUPUZHA
            EP 32/2018 OF MUNSIFF COURT, MUVATTUPUZHA


PETITIONER/APPELLANT/JUDGMENT DEBTOR:

          M.R. BABU
          AGED 59 YEARS, MAMPURATH HOUSE,
          MULAKKULAM NORTH KARA, PIRAVOM P.O., PIN - 686610.

          BY ADVS.
          S.VINOD BHAT
          ANAGHA LAKSHMY RAMAN
          GREESHMA CHANDRIKA.R


RESPONDENTS/RESPONDENTS/DECREE HOLDER & AUCTION PURCHASER:

    1     K.A.VARHESE,
          AGED 69 YEARS, KALAPPURAYIL HOUSE, ONAKKAOOR KARA,
          ONAKKOOR VILLAGE, ONAKKOOR P.O., ERNAKULAM DISTRICT,
          PIN - 686667.

    2     T.P. JOSE,
          AGED 69 YEARS, THEVARANIKKAL HOUSE, PERIYAPUPURAM KARA,
          ONAKKOOR VILLAGE, ONAKKOOR P.O., MUVATTPUZHA TALUK,
          ERNAKULAM DISTRICT, PIN - 686667.

          BY ADV. DILEEP VARGHESE


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C). No.2207 of 2022
                                  ..2..




                          J U D G M E N T

Dated this the 21st day of December, 2023

Learned counsel for the petitioner submits that

the subject matter of this Original Petition has

been settled amicably and a joint compromise

statement has been filed before this Court, along

with I.A. No.1/2023.

2. The submission of the learned counsel

appearing on both sides is recorded and this

Original Petition is, therefore, disposed of based

on the joint compromise petition, forming part of

I.A. No.1/2023. Learned counsel for the respondent

submits that going by condition No.3 of the joint

compromise petition, the 2nd respondent is entitled

to refund of Rs.2,00,500/-, being the amount

..3..

deposited in the execution court for the purchase

of stamp paper. The learned Munsiff, Muvattupuzha

will consider the said request and pass

appropriate orders in accordance with law.

This Original Petition is disposed of as above.

Issue copy today itself

Sd/-

C. JAYACHANDRAN JUDGE Skk//21.12.2023

..4..

APPENDIX OF OP(C) 2207/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF PLAINT IN O.S.467/2016 EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN O.S. 467/2016 ON THE FILES OF MUNSIFF'S COURT, MUVATTUPUZHA EXHIBIT P3 THE TRUE COPY OF MEDIATION REPORT DATED 25-10-2017 EXHIBIT P4 THE TRUE COPY E.P. 32/2018 IN O.S. 467/2016 ON THE FILES OF MUNSIFF'S COURT, MUVATTUPUZHA EXHIBIT P5 THE TRUE COPY OF E.A.3/2020 IN E.P.32/2018 ON THE FILES OF MUNSIFF'S COURT, MUVATTUPUZHA EXHIBIT P6 THE TRUE COPY OF ORDER IN E.A.3/2020 IN E.P.32/2018 ON THE FILES OF MUNSIFF'S COURT, MUVATTUPUZHA EXHIBIT P7 THE TRUE COPY OF JUDGMENT IN CMA

EXHIBIT P8 ORIGINAL OF JOINT COMPROMISE STATEMENT DATED 17-12-2023 SIGNED BY PETITIONER AND 2ND RESPONDENT

RESPONDENTS' EXHIBITS:-

EXHIBIT R2(A) TRUE COPY OF RECEIPT ISSUED BY SHERISTADAR IN EP NO.32/18 IN OS NO.467/2016 DATED 31.01.2020. EXHIBIT R2(C) TRUE COPY OF THE ORDER IN OP(DRT) NO.161/2021 DATED 06.10.2021 OF THE HONORABLE HIGH COURT OF KERALA. EXHIBIT R2(B) TRUE COPY OF THE ORDER IN CHEQUE APPLICATION IN EP NO.32/2018 IN OS NO.467/2016 OF THE MUNSIFFS COURT, MUVATTUPUZHA DATED 19.03.2021.