Kerala High Court
C.C.Alavi Haji vs Palappetty Muhammed And Another on 18 January, 2023
IN THE HIGH COURT OF KERALA AT ERl\lAKULAM
PRESENT
ThE H0l\I0LJRABLE MR. JLJSTICE P.SOMARAJAN
WEDNESDAY, THE 18TH IIAY 0F JANIJARY 2023 / 28Th POUSIIA, 1944
RFA NO. 673 0F 2®®7
AGAINST THE JUDGMENT AND DECREE DATED 31.07.2®®7 IN OS 122/2®®10F
SUB COURT, MAI\IJERI
APPELLANT/1ST DEFENDANT :
C.C.ALAVI HAJI, S/O CHERUKATTU,
CHEMBRAKUNNAN SAIDALIKUTTY, REPRESENTED BY HIS POWER OF
ATTORNEy HOLDER K. FATIMA, REslDINe IN HVAD MANzlL,
IVEETANIMrm, THRtrKKAL, RALAppuRAM.
BY ADVS.
SMT. PRABHA R.MENON
SRI . M . KRISHI\lAKUMAR
RESPONDENTS/PLAINTIFF AND 2ND DEFENDANT:
1 PALAPPETTY MUHAMMED,
S/0. ALAVI, SIYAKANDAM, P.0. PULII(KAL,
CHERUKAVU AMSOM, CHERUVAYOOFt DESOM, ERNAD TALul(.
C. C. MUHAMMED MUSTHAFA
S/0. ALAVI HAJI, RESIDING AT KONDOTTY AMSOM, KOLATHUR
BESOM, ERNAD TALUK.
BY ADV SRI. K.M.SATHYANATHA MENON-R1
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
18.®1.2®23, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA NO. 673 0F 2®®7
JUDGMENT
The matter has been settled out of court. The
compromise signed by all the parties is produced.
Hence, the appeal is disposed of granting a decree in
terms of the compromise arrived at by the parties and
it will. form part of the judgment and decree. Refund
the entire court fee paid to the appell.ant in view of
the 1.egal position settled by the Apex Court in Hjgiv
Court of Judicaiture at Madras rep. By its F\egistraLr
General v. M.C. Subramaniam and others [2®21 (2) KI+C
62].
Sd/-
P . SOMARAJAN
JUDGE
msp
BEFORE THE HON'BLE HIGH COURT OF KERALA AT
EENAKULAM
IOA. I jn /2023
R.F.A. 673 of2007
C.C.Alavi Haji : Appellant
Palappetty Muhammed
and another : Respondents
JOINT AFFIDAVIT OF COMPRONISE
FILEDBY THE PARTIES TO THE ABOVE APPEAL
We, (I) C.C.Alavi Haji, S/o late Saidalikkutty aged 69 years
residing at Kannancherry, Kondotty Amsomg Kolathur Desom, Emad Taluk,
Malappuram district (2) Pa]appetty Muhammed S/o Alavi9
Siyakandam, Parambil Veedu, P.O. Pulikkal Cherukavu amsom,
Cheruvayoor desom.Emad Taluk, Malappuram District is & (3) C.C.
Mohammed Mustafa, aged 50 years S/o Alavi IIaji, (fro/der o/ /#cJj.cz#
passport No. Z4917110/ AAdhar Card no.85861263 0807) haw.ing pe:rmanerlt
residence at Kondotty amsom, Kolathur desom, Emad taluk, Malappuram
district and presently residing at Dubai, UAE, through the duly appointed
power of aittomey (executed bef;ore the Consulate General Of India, Dubai on
22-/2-2022)9 Sri. HABEEBU RAHMAN CHERUKATTI L
CHEMBRAMKUNNU holders of Aadhar card noa 8967 85910629 do hereby
solemnly affirm and jointly state as follows:
I) We are the appellant and the respondents 1 and 2 respectively in the
above appeal.
2) All the issues/disputes arising in the above appeal has been settled
between us.
3) The above appeal is filed against a decree for money based on 2
cheques. Proceedings under the Negotiable Instruments Act were also
launched by the lst respondent/plaintiff against the appellant. The
appellant was convicted and the conviction was confirmed in appeal.
The matter is pending in Criminal Revision Petition no.2762/20l I &
Criminal Revision Petition 2764/2011 before the High Court of
Kerala.
4) The appellant has paid an amount of Rs. 9 lakhs/-to the lst respondent
plaintiff In addition to that t#antfuiiy;gor#h#apife±C'C
respondent/plaintiff will be entitled to the amount of Rso 2, 34, 000/-
lying in the present before the lst Class Magistrate Court, Malapuram
which was deposited as a condition imposed in the proceedings under
the Negotiable Instruments Act® In the light of these payment to the I S`
respondent plaintiff the decree passed in the suit will stand set aside
and the suit be dismissed. Further, the lst respondent plaintiff agrees
for compounding the offences under the Negotiable Instruments Act
now pending in Criminal Revision Petition no.2762/2011 & Criminal
Revision Petition 2764/2011 before the High Court of Kerala and
ensure that the appellant/1S' defendant who is the accused therein is
acquitted both the cases.
5) On these terms we have jointly decided to settle all matters, both the
civil suit as well as the criminal cases. In pursuance of such a
consensus between us we have jointly agreed on the following terms.
Io Today the appellant/the lst defendant had paid an amount of Rs.
9, 00,000/-(Rs. 9 lakhs only) to the lst respondent/the plaintiff
and the plaintiff acknowledges the receipt of the amount.
11. The amount of Rs. 2, 34, 000/-which is already deposited by the
appellantllst defendant before the lst Class Magistrate Court,
Malappuram will also be paid to the lst respondent/plaintiff. The
lst respondent plaintiff will be entitled to withdraw the amount
from the I st Class Magistrate Court, Malapuram.
Ill. That by this payment of the total amount of Rs.11, 34, 000/-as
aforesaid in total by the appellantllst defendant to the |St
respondent/plaintiff the entire liabilities between the parties will
stand closed.
IV. The lst respondent/plaintiff agrees that the cases pending before
the High Court of Kerala as Criminal Revision Petition
no.2762/20ll & Criminal Revision Petition no.2764/201 I will
be compromised, and the offences compounded by filing
appropriate applications and the lst respondent/plaintiff will
ensure that the appellant/I S` defendant/accused is acquitted of all
offences under the Negotiable Instruments Act in those cases.
V. That the decree dated 31-07-2007 passed in the suit
osi22/2ooionthefileo#CourtManJerlpw®ll#ndfetrferd
:---:-.i:-:5g-:-
aside and a compromise decree will be passed therein as agreed
to by the parties hereino
6) In view of the settlement /compromise arrived at between the
appellantllst defendant, the lst respondent/plaintiff and the 2nd
respondent/2nd defendant it is necessary to set aside the decree dated
31-07-2007 passed in the suit O.S.122/2001 on the file of the Sub
Court Manjeri and pass a compromise decree as agreed to herein
above by the parties.
All the above statements are true and correct to the best of my
knowledge, information and belief.
Datedthisthe8thdayofJanuary2023.
s,Re# _=-s=-I:i-:I:i?-`{------
(by power of attorney)
¥dv::vyeHkyv¥Fp9r MAkgr#+h^ fuwov
H!ghC°u§topefmKnfyraa'fr[rmedandsignedbeforemeonthisthe8t4dayofJanuary
2023 at my office in Emakulam.
M. I{RISHNAI(UMAI
Advocate, K/120/|9go Advocate forRA5phatl*
High Court of I{erafa
I have read the above affidavit and I fully agree with the entire statements
made above which are true and correct.
I St Respondentmaintiff
ERNAKULAM
I.A. \ . /2023
ln
R.F.A.673 of2007
APDlicant / ADpel]ant
C.C.Alavi Haji
S/o. Saidali kurty.,
Kannancheny, Kondotty Amsom
Kolathur Desom, Emad Taluk
Malappuramul79 33 8
Respondents / Respondents
1. Palappetty Muhammed
S/o Alavi, Siyakandam,
Parambil Veedu, P.O. Pulikkal
Cherukavu amsom, Cheruvayoor desom.
Emad Taluk, Malappuram District.ut73 637
2. C.C. Mohammed Mustafa,
S/o Alavi Haji, Kondotty Amsom, Kolathur Desom,
Emad Taluk, Malappuram.-679 338
Represented by his Power of Attorney
Habeebu Raliman, aged 30 years, S/o Alavi , Neetanirrmal,
PO, Thurakkal, Kondotty, Malappuram Dt-673 638
APPLICATION FILED UNDER ORDER 23 RULE 3 CPC TQ
PASS A COMPROMISE DECREE
For the reasons stated in the accompanying affidavit it is
respectfully prayed that this Hon'ble Court may be pleased to record the
compromise arrived at between the parties and pass a compromise decree
in the following terms :-
® BEFORE
i. THEtheHONOURABLE
That appellant/the lst HIGH COURT
defendant OFan
had paid KEIIALA
amount ofAT
Rs.
9, 00,000/-(Rs. 9 lakhs only) to the lst respondent/the plaintiff
and the plaintiff acknowledges the receipt of the amount.
ii. The amount of Rs. 2, 34, 000/-which is already deposited by
the appellant/lst defendant before the lst Class Magistrate
Court, Malappuram will also be paid to the |st
respondent/plaintiff. The I st respondent plaintiff win be entitled
to withdraw the amount from the lst Class Magistrate Court,
Malapuram.
iii. That by this payment of the total amount of Rs.11, 34, 000/-as
aforesaid in total by the appellant/1St defendant to the |St
respondent/plaintiff the entire liabilities between the parties to
the suit or.S.122/200l on the file of the Sub Cout Manjeri, as
well as the entire claims under CC 134/2002 on the file of the
Judicial lst Class Magistrate, Malapuram and CC 135/2002 on
the file of the Judicial 1st Class Magistrate, Malapuram will
stand closed.
MhogivJr' er gg~ irzLfuut 4ed~
lvo The 1 st respondent/plaintiff agrees that the cases pending before
the High Court of Kerala as Criminal Revision Petition
noo2762/2011 & Criminal Revision Petition no.2764/2011 are
compromised, and the offences will be compounded by filing
appropriate applications and the lst respondent/plaintiff will
ensure that the appellant/ls' defendant who is the accused
therein is acquitted of all offences under the Negotiable
Instruments Act in those cases.
V. That the decree dated 31-07-2007 passed in the suit
O.S.122/200l on the file of the Sub Court Manjeri will stand
set aside substituting it with a compromise decree on the above
terms.
Vlo That the parties do bear their respective costs®
Dated this 8th day of January 2023
1. Appellantllst Defendant.
2. I St RespondenVI'laintiff.
3. 2nd Respondent/2nd Defendant. . . a .
®arty by Power of attorney)
Mhan# cfa>
I.`.
For the appellant For the lst respondent pd
M. KRISHNAKUMAR '{Hit:Tgrgr*;V(Ptrybypowerofattomey)
Advocate, K/120/1990
High Court of Kerala
