Kerala High Court
Sophy Joseph vs Maggie Mariam on 1 February, 2023
IN TEE HIGH Cot)RT OF RERAIA AT ERNnRI7Lm4
PRESENT
THE HONOuRABlra rm. rusTlcE ANII. K.NARENDRAN
6
THE E[oNouRABLE in.eusTlcE p.G. ATITHKtnnR
wEDNESDAy, TEE isT Day OF FEBFtt]ARy 2023 / i2" ineIA, ig44
RAT.APPEAII NO.183 0F 2015
AGAINST TEn= ORDER DATED 2o.11.2ol4 IN o.p.No.66o/2oll CAN THE
FILEs oF THE Erml,I count, THODupuzHA
APPELIANT/2ND RESPONDENT :
SOPPY COSEPH
zwrm 64 ±
w/O.v.c. ]osEPH, HOTTARAmll, HOusE ,
enimREADu "oDupuzIA, IDUREI DlsmlcT.
BY OwS .
SRI . M . a . SANDREP
SMT . R . ENJ±
SRI.M.A.AHABonD SREER
SRI.ABHIIASH JOSH
SRT . R . PRIIA
SRI . 8 . SURJIH
SRI .V.VISAli AIJAYAN
EusspcmiDENTs/pETITloNER/1sT REspoNDENT :
mGrelE inRIAM HOsErr
JIGED 34 -
D/o.q!HCRAS HoSErr, RESIDING AT I.IC-478,
pnNmoll[L¥ lmGnR, ERItARIJLm4 SouTH, plN 682036.
dERRyroN T. HOTTABAM
AGED 32 YEZIRS
s/o.v.c. diosEPH, HOTTaRnTHII] HOusE, MENmFERE,
THODUPUZIA, PIN -685584.
Mat.Appeal No.183 and 295 of 2015
BY rev.
SMT.K.M.RASD4I (PARAVOOR)
THIS mTRIENIAL AppEAI, HAVING cchG up FOR
ADNISslon On 01.02.2023, AlioNG WITH rat.A;ppeal.295/2015,
TEE couRT Col TEE sA)G DAy DEI,Iv=RED THE Fol.IfowlNG:
Mat.Appeal No.183 and 295 of 2015
IN TIRE E[IGH couRT oF RERAIA AT EEDtaKulAM
PRESET
TIE HCINOuRABI.I MR. dusTlcE ANII. K.NARENDRaeT
&
TEH= HcrmouRABLE MR. dusTlcN= p.G. ArlTEEKumR
WEDNESDAY, THE IST DAY OF FEBRIIARY 2023 / 12" REEIA,
1944
RAT.AE.PEAL NO.295 0F 2015
AGAINST THE ORDER DATED 20.11.2014 IN O.P.NO.660 0F 2011
oF Frml.y couRT, THcOupuzHA
APPEI.IANT/RETITIONER:
inGGIE enRIAM rosH¥
AesD 35 rEms, D/O.rmons, I.Ic-478,
pJUNaelEL¥ NAGAR, ERItaRITI,AM, KocHI-36 ,
NOW HAVING PERMANENT RESIDENCE AT KANNANKARA
HousE , malNGAI.KARIREch4 ro , RTLATHupuzEIA,
roLILAM DlsmlcT, plN-69131o.
BY Ow.
SMT.K.M.RAsma (pARn:VooR)
RESPONDENT/RESPONDENTS :
JEREyroN T. HOTmRm4
S/o.v.c.-iosEPH, AGm 34 ¥EARs, HOTTARATHIL
HousE, inNAREADu, THODupuzEIA, plN-685 584.
SOPHY JOSEPH
w/O.v.C.ToSEPH, AGED 65 rEARS, HOTTrmTHII,
E[ouSE, imNAREADu, THODupuzEIA, plN-685 584.
8¥ anvs .
SMT . R . ENJENA
Mat.Appeal No.183 and 295 of 2015
SRI.M.A.AHAiomD SREER
SRI.ABEIIASH JOSH
SRT . R . PRIYA
SRI . M . 8 . SANDREP
SRI . a . StJRTITH
SRI.V.VISAL AJAXAN
TE[Is imTRIMONIAI. AppEAI, EZL:vlNG COME up FOR
ADMISslon ou 01.02.2023, AroNG WITH mt.Appeal.183/2015,
TEb= COURT ON THE SA)G DAY DEIIIVE:RED TEE FOIil[OWING:
Mat.Appeal No,183 and 295 of 2015
UDGM
Anil K Narendran, J.
Mat.ADDeal No.183 of 2015:- The appellant is the 2nd
respondent in O.P.No.660 of 2011 on the ffle Of the Faintly
Court, Thodupuzha, which is one filed by the lst respondent
herein seeking a decr.ee for recovery of money and gold
ornaments. By the judgment and decree dated 20.11.2014,
that original petition was allowed as follows:
"In the result, the petition is allowed and given a
decree in the following:
1. The petitioner is entitled to get a decree for
realization of 25 sovereigns of gold ornaments or its
present market value of Rs.5,75,000/- with 6% interest
from the date of petition to the date of decree.
2. The petitioner is entitled to get Rs.1,39,500/-
with 6% interest from the date of petition to the date of
decree.
3. The respondents are directed to pay the decreetal
amount and the gold ornaments within three months
from the date of decree.
4. If the respondents failed to pay the decreetaJ
amount and the gold ornaments from the date of
decree the petitioner is entitled to realize the amount
with interest @ 12% from the date of decree till
Mat.Appeal No.183 and 295 of 2015
realization and chargeable from the property attached
as per order in I.A.1077/2011 in this case.
In the circumstance the peti.tioner is entitled to get
costs of the petition also from the respondents."
1.1. Feeling aggrieved, the appellant filed this appeal,
invoking the provisions under Section 19(1) of the Family
Courts Act, 1984, on 18.02.2015, along with C.M.Application
No.623 of 2015, for condoning the delay of 45 days, which
was condoned by the order dated 20.11.2015.
1.2. On 10.12.2015, when this appeal came up for
admission, this Court admitted the matter on file. The
respondent entered appearance through counsel.
In I.A.No.655 of 2015, this Court passed an interim order
which reads thus;
``There will be an interim stay against the execution of
the decree in O.P.No.660 of 2011 of the Family Court,
Thodupuzha dated 20.11.2014 pending disposal of the
appeal, subject to condition of the appellant furnishing
security for the entire decree amount to the satisfaction
of the Family Court, within a period of six weeks from
today. It is made clear that the Family Court will be at
liberty to accept property under attachment as security
provided it is satisfied with respect to sufficiency of its
Mat.Appeal No.183 and 295 of 2015
valuation."
2. Mat.ADDeal No.295 of 2015:-The lst respondent in
Mat.Appeal No.183 of 2015 has filed this appeal challenging
the judgment and decree dated 20.11.2014 in O.P No.660 Of
2011 on the file Of the Family Court, Thodupuzha since the
Family Court decreed the said original petition only in part,
This appeal was filed along with C.M.Appln.No.623 of 2015,
for condonation of delay, which was condoned by the order
dated 20.11.2015.
3. On 22.12.2022, when these appeals came up for
consideration, in order to explore the possibility of settlement
by mediation, both parties were directed to appear before the
Nedal Officer, Ernakulam Mediation Centre in the premises of
this Court, on 11.01.2023 at 10.15. a.in.
4. Now the parties have settled the disputes in
mediation and they have entered into a memorandum of
agreement dated 23.01.2023, which is placed on record along
with the report dated 23.01.2023 of the Mediator.
5. Ibday, when these matters are taken up for
Mat.Appeal No.183 and 295 of 2015
consideration, it is pointed out that these appeals can be
disposed of in terms of the terms and conditions contained in
the memorandum of agreement dated 23.01.2023.
In such circumstances, these appears are disposed of in
terrms of the terms and .conditions contained jn the
memorandum of agreement dated 23.01.2023 which shall
form part of this judgment. Consequently, there will be a
decree in O.P.No.660 of 2011 in terms of that memorandum
of agreement directing the appelfant to pay the respondent a
sum of Rs.15,00,000/-within a period of six months from the
date of agreement, i.e., 23.01.2023. In case of default, the
appellant will be liable to pay interest for the said amount
after the said period of six months, till payment. Only on such
payment, the appelfant can approach the Family Court,
Thodupuzha to lift the order of attachment over her property.
Sd/-
ANIL I(. NARENDRAN, JUDGE
Sd/-
P!G! AI.!TH`Ku,M.AR, JU_DGE
PV
ERNAKULAM MEDIATION CENTRE
(HIGH COURT HALL)
The Nodal Officer,
High Court Mediation Centre.
To
The Registrar Uudicial)
High Court of Kerala, Ernakulam
Sir'
Sub : Mediation of case referred by the Hon'ble High Court of Kerala -
reg.
RES . Rdearfteer:a.I.SffQ£|if i.i!£i;4:PHP;£:;;!if=3ri;9£ri.3;3:S:.:#k3;a::i b `
11,I111,11
ti-.f ?` `
Lrf}` I am to forward herewith Report of the Mediator in the matter along
Q,
r?r'R©::{Bngtt.3enclosuresforinformationandnecessaryaction.
Yours Faithfully,
yyn c'T"
Nodal offi.cer ,... AmLt.fl.kp
Ernakulam Mediation Centre
`//
Report Of the Mediator, Settlement , ement
#t)g*r;i, of the High Court of Kerala..
Copy of the referral order dated ..9H
Copy of the Petition
\J
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
Mat Appeal No.183 of 2015
Sophy Joseph Appellant/2nd Respondent
Vs.
Maggie Mariam Koshy &Anr. : Respondents/Petitioner/1st
Respondent
&
Mat.Appeal No.295 of 2015
Maggie Mariam Koshy : Appellant/Petitioner
Vs'
jerrymon j.Kottaram & Anr. Respondents/Respondents
REPORT SUBMITTED BY THE MEDIATOR
ADV. ZOHRA M.A.
Mediated, matter is settled.
Settlement Agreement is attached herewith.
Dated this the 23rd day of January, 2023.
Adv. Zohra M.A.
Mediator
Ernakulam Mediation Centre
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
Mat Appeal No.183 of 2015
Sophy Joseph Appellant/2nd Respondent
Vs.
Maggie Mariam Koshy & Anr, : Respondents/Petitioner/1st
Respondent
&
Mat.Appeal No.295 of 2015
Maggie Mariam Koshy : Appellant/Petitioner
Vs.
jerrymon j.Kottaram & Anr. Respondents/Respondents
MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F
THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 &
25 0F THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE
RESOLUTION),RULES, 2008:
The Petitioner in O.P.No.660/2011 before the Family Court,
Thodupuzha, namely Maggie Mariam Koshy is the Appellant in
Mat. Appeal No.295/2015 and the lst Respondent in Mat.
Appeal No.183/2015.The 2nd Re'spondent Sophy Joseph is the
Appellant in Mat. Appeal No.183/2015. The Ex.Husband of the
Petitioner, jerrymon j. Kottaram is the lst Respondent in Mat.
Appeal No.295/2015 and the 2nd Respondent in Mat.Appeal
No.183 of 2015 which is filed by his mother Smt. Sophy Joseph.
The parties agreed to resolve the disputes involved in the
above Mat. Appeals arising from O.P. No.660 of 2011 on the
files of the Family Court, Thodupuzha on the following terms
and conditions.
KefalaOiL'ieijle(l;...-...I..;,"concjlja!!¢ncentrg
lligh Col,1 of ;'`.erala
Kochj - 682 031
t7*,I,I
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1. It is agreed by the parties that the issue involved in
the above appeals arises from the money claim and claim
of ornaments made by the Petitioner in O.P.No.660/2011
and that the entire claim stand settled on payment of
Rs.15,00,000 (Fifteen lakh only) by the Respondents to
the Petitioner within a period of six months from today.
2. It is agreed by the parties that on payment of the said
amount the attachment prevailing over the property of
Sophy Joseph,the Appellant in Mat.Appeal No. 183/2015
can be lifted on the basis of the judgment passed by this
Hon'ble Court recording this settlement agreement, as if
No Objection is endorsed by the Petitioner Maggie Mariam
Koshy to such petitions filed by Sophy Joseph for lifting
the attachment from the Family Court, Thodupuzha once
the payment is effected.
3. In cause of default of payment as agreed to above
within 6 months from today the Respondents in
O.P.660/2011 has agreed to pay an interest at 6°/o per
annum for the amount of Rs.15,00000/-(Fifteen lakh only)
from the said date on which 6 months is over and till the
payment is effected to the Petitioner. Only of payment of
this amount in total the attachment can be lifted as
%detailedabove
-±=i--
Keraia s:3'::/ .+I:et'i,-itic.1 .:,n;.i cf!:[email protected]¢n cemr8
liiQh Ccu;Ji cj{ :`{9ra!a
Kochi -682 031
Hence it is humbly prayed that this Hon'ble Court may
be pleased to dispose of the above appeals recording this
compromise as part of this Hon'ble Court's Judgment in
the interest of Justice.
Dated this the 23rd day of January, 2023.
Appel lant/Petitioner Respondents/Respondents
Magg#Koshy
2.Sophyjoseph #'
(Appellant in Mat.Appeal 183/2015)
•,', .,`'
_sANtDE€p \vj e,
Counsel for the Appellant Counsel for t espondentb/s?:,2/i':
#`@,t';i!a State it{ . ``;atjon and C..t!1ciljati®n Centre
: ;!!`:i Ct..i;1 c`;t i{:e.rtiL!
+.. , Kochi -682 031
