Kerala High Court
Ramadevan @ Sadu vs M.G.Sreevidhya on 20 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
RP NO. 862 OF 2021 IN CO NO.990/2005 IN R.F.A. NO.240/2005
AGAINST THE JUDGMENT DATED 22.06.2020 IN C.O. NO.99/2005 IN
R.F.A. NO.240/2005 OF HIGH COURT OF KERALA
REVIEW PETITIONER/APPELLANT TO THE CROSS OBJECTION:
[email protected] SADHU
AGED 51 YEARS
S/O VADAKKOOT KUTTAPPAN,
PALLATH PACHALIPURAM DESOM,
AMBALLUR VILLAGE, MUKUNDAPURAM TALUK.
BY ADV T.N.MANOJ
RESPONDENT/ADDITIONAL RESPONDENT NO.2:
M.G.SRIVIDHYA
W/O VETTIKATTU VALAPPILRAMACHANDRAN,
PATTOOR, MULALUMKUNNATTHUKAVU DESOM,
THRISSUR DISTRICT,
PIN-680581.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
20.01.2023, ALONG WITH RP.795/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.P. No.862 of 2021
in C.O. No.99 of 2005
in R.F.A. No.240 of 2005
&
R.P. No.795 of 2021
in R.F.A. No.240 of 2005
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
CO NO.99 OF 2005
AGAINST THE JUDGMENT AND DECREE DATED 30.10.2004IN O.S.
NO.497/2002 OF PRINCIPAL SUB COURT,IRINJALAKUDA
APPELLANT/PLAINTIFF:
RAMADEVAN @ SADHU, S/O VADAKKOOT
KUTTAPPAN, PALLATH PACHALIPURAM DESOM,
AMBALLUR VILLAGE, MUKUNDAPURAM TALUK.
BY ADV SRI.T.N.MANOJ
RESPONDENT:
1 GOPALAKRISHNAN @ GOPI (DIED)
S/O.MAIMBILLY SANKARAN EZHUTHACHAN,,
PERIMPILLISSERY DESOM, CHOVOOR VILLAGE,, THRISSUR
TALUK.
2 ADDL.A2 M.G.SREEVIDHYA
W/O RAMACHANDRAN V.C.
VETTIKATTU VALAPPIL HOUSE
P.O.PATTOOR, MULALUMKUNNATHUKAVU
THRISSUR DISTRICT
(LR OF THE DECEASED 1ST APPELLANT IS IMPLEADED S
ADDL. APPELLANT NO.2 AS PER ORDER DATED 25.09.2014
IN I.A. NO.1619/2014)
THIS CROSS OBJECTION/CROSS APPEAL HAVING COME UP FOR
ORDERS ON 20.01.2023, ALONG WITH RFA.240/2005, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
R.P. No.862 of 2021
in C.O. No.99 of 2005
in R.F.A. No.240 of 2005
&
R.P. No.795 of 2021
in R.F.A. No.240 of 2005
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
RP NO. 795 OF 2021 IN R.F.A. NO.240/2005
AGAINST THE JUDGMENT DATED 22.06.2020 IN R.F.A. NO.240/2005 OF
HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENT:
RAMADEVAN @ SADU,
AGED 51
S/O. VADAKKOOT KUTTAPPAN,
PALLATH PACHALIPURAM DESOM,
AMBALLUR VILLAGLE, MUKUNDAPURAM TALUK.
BY ADV T.N.MANOJ
RESPONDENT/ADDITIONAL APPELLANT NO.2:
M.G.SREEVIDHYA,
W/O. VETTIKATTU VALAPPIL RAMACHANDRAN,
PATTOOR, MULUMKUNNATTHUKAVU DESOM,
THRISSUR DISTRICT, PIN- 680 581.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
20.01.2023, ALONG WITH RP.862/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.P. No.862 of 2021
in C.O. No.99 of 2005
in R.F.A. No.240 of 2005
&
R.P. No.795 of 2021
in R.F.A. No.240 of 2005
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA,
1944
RFA NO. 240 OF 2005
AGAINST THE JUDGMENT AND DECREE DATED 30.10.2004 IN
O.S. NO.497/2002 OF PRINCIPAL SUB COURT,IRINJALAKUDA
APPELLANT/DEFENDANT:
1 GOPALAKRISHNAN @ GOPI(DIED)
S/O. MAIMBILLY SANKARAN EZHUTHACHAN,,
PERUMBILLYSSERY DESOM, CHOVOOR VILLAGE,,
THRISSUR TALUK.
2 ADDL.A2 M.G.SREEVIDHYA
W/O RAMACHANDRAN V.C.
VETTIKATTU VALAPPIL HOUSE
P.O.PATTOOR, MULALUMKUNNATHUKAVU
THRISSUR DISTRICT
(LR OF THE DECEASED 1ST APPELLANT IS IMPLEADED
S ADDL. APPELLANT NO.2 AS PER ORDER DATED
25.09.2014 IN I.A. NO.1619/2014)
BY ADVS.
SRI.N.P.SAMUEL
SRI.PLEASANT.T.SAMUEL
RESPONDENT/PLAINTIFF:
RAMADEVAN @ SADU
S/O.VADAKKOOT KUTTAPPAN,PALLATH,PACHALIPURAM
DESOM, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK,,
THRISSUR DIST.
BY ADV SRI.T.N.MANOJ
THIS CROSS OBJECTION/CROSS APPEAL HAVING COME UP
FOR ORDERS ON 20.01.2023, ALONG WITH CO.99/2005, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P. No.862 of 2021
in C.O. No.99 of 2005
in R.F.A. No.240 of 2005
&
R.P. No.795 of 2021
in R.F.A. No.240 of 2005
5
JUDGMENT
Dated this the 20th day of January, 2022
These review petitions have been filed against the
judgment and decree in R.F. A. No.240/2005 and Cross
Objection 99/2005.
2. Pending the review petitions, at the instance of
the counsel for both sides, the matter was referred for
mediation. Accordingly, the entire issues have amicably
settled through mediation. The mediation agreement was
forwarded to this Court. On perusing the memorandum of
agreement, I am satisfied that the terms of settlement are
legal and proper and the parties agreed to allow the review
petition and to restore R.F.A. No.240/2005 and Cross
Objection No.99/2005.
Hence, mediation agreement is recorded and R.F.A.
No.240/2005 and Cross Objection No.99.2005 are restored
to file. R.F.A. and Cross Objection are disposed of in terms
R.P. No.862 of 2021
in C.O. No.99 of 2005
in R.F.A. No.240 of 2005
&
R.P. No.795 of 2021
in R.F.A. No.240 of 2005
with mediation agreement. Mediation agreement will form
part of the decree in R.F.A. No.240/2005 and Cross
Objection No.99/2005. Refund the court fee in the review
petition to the review petitioner and the respective court
fees in appeal and cross objection to the respective parties.
All pending I.As. are closed.
Sd/-
M.R.ANITHA
JUDGE
SMF
1894)e8
MEDIATION SUB CENTRE IRINJALAKUDA
04802950399
fls{:pQ±[email protected]
04.1.2023
From
The Co-ord inator (Addl.District Judge/MACT)
Mediation Sub Centre
Irinjalakuda
OTo
The Registrar (Judicial)
High Court of Kerala
Eranakulam
Sir/Madarty
Sub:-Mediation report of RP 795/2021 in RFA 240/2005 and RP 862/21 in CO 99/2005 in RFA
240/2005 Reg.
Ref:-Order dated 29.11.2022,High court of Kerala
tl Sir"adam,
As per the subject cited above, I may respectfully sublnit that it has been reported by the
mediator that the matter has been mediated anJJ settled. Interim mediation report and mediation
agreement is hereby attached for kind necessary action.
yours faithfully _JZ
-:I,
u
a
\+A3AW
t*.omgotthedREtE*
-
I.3t¢otcas£9rs`de{ed
'*staS{r`9feiefaeiorWed.dici?
~*.- _ : . S'1. I- I `R`
1 '.I
.,..?
I,&\aA'3,(t,,a
•-.. :` :..`.:...:.`.i...,.,.-...,
cotesdAExpdioaeofpodigs`:-\.a-\&-as5&9
r=
trstoofcQndus.to'R...,..
..._jutr`t]t . -`: fred....... '.`--
wtv5tha'sedtied#"p\ ` <
wRTgRE#evAVRT«rty,... •.,\
.,
. i-: ..,.` .i .
``....
sfa+dr2€.Stxp.S¥:ut!S
+
`t`-`:..-i:-:`ST...t-|`¥iusuIArEONjLr{3-3®REHLrmrolt:esseiLn;bE
iT`~.:`. ` Cot;]tl h{!mrunort .cELNunEFDigTFtiBCT bmthrmN CmFTRi¥
i~OSER.HIT:S>tm.rousesi}@&LORE:cia
To Bh- c:oi>Tr&D '!ro .rRE r`.ngEnLRINC Tt)Des
®.
LT. {`t?"im' --
I_ It.i.= de=ces= iill5masdyselLls8 = ±*.
+`-
\o-
.r'/Q` H=J:.Hxp.Gin``,*
3 Hy.~i:
.
a} .Date ofsri4EBpe4t :
b3, &s tha ±gpetillcall
a, .Fg=on£¥iist--asair-
.
a. Tha`.
a)
b)
&ctim ofEle..to cbtiri.: :
tpsrdesappeapaabifethcgivft-. i
.
i
~ -..-.. ~~`
+
.`~
'Nbdtlod--±
..
Sigpfmrc .. . _ ..... _~_ .... i..+~ D¥:
--i:-------I-- -
Hins].A.mhflEapmm£{ditDcO.`'eytAarowcE¥TRE
REREcatrmrmzrmREcgrErm©m"erhfflAHEN.t®Fr^B
F~bREEurrost aetINELnEmr-
a-F:f>
TO tx> apes...qu~ try *eeafSgR
i>\:O_ I #±`fer? £S±#f±RE=,T+8h.anfu
=tH--.fi-th± , _
,
¢EEes-:fi-`ibe,
cCiBcascoofdsGrd`:rigria:sedra
•~.
iEEEEEn
.,..
i. D]dtbe_daeri. • :.:-:=i-.:
•.,,,+.
•..t:--.:
2. Ir'res ..,
:.D=ae=i±Ei±rfe -H_
cp¥=apg¥¥+iife:ape
.,.
•-,. ` .
-,. .
unarfe`ife~`..th-;-CQ+twDRap •..,
i
BEFORE THE HON'BLE HIGH COURT OF KERELA
AT ERNAKKULAM
R.P.795 / 2021
R.P.862 / 2021
in
R.F.A. 240 / 2005
.®
and Cross Objection therein
(From the judgment and decree in OS 497/2002 in the file of Subordinate Judge,
Irinjalakuda)
Sadu @ Ramadevan : Review petitioner
M.G. Sreevidhya : Respondent / Additional 2nd
Appellant
RECEIPT
® Received with thanks from the Respondent / Additional 2nd Appellant, a sum of
Rs.1,25,000/-(Rupees One Lakh Twenty Five Thounsand Only.) towards the lst
installment as per the mediation agreement dated 31 -12-2022.
Dated 3 1 -12-2022
Vipin Vijayan.,
Advocate
VIPIN VIJAYAN
AdvR°oC,ftNeo:%8!a6%9Pgu3b"C
kr:nrJ:a[[aa§¥adtae',Tnh5ji::6u8roDijst5
Mob: +91-9447215556
Fiiedon : e>-/-aDc38 `
Hearing :
BEFORE THE HON'BLE HIGH
` COURT OF KERELA AT
ERNAErmLAM
R.P.795 / 2021
R.P.862 / 2021
in ®
R.F.A. 240 / 2005
and Cross Objection therein
(From the judgment and decree in OS
497/2002 in the file of Subordinate Judge,
Irinjalakuda)
Sadu @ Ramadevan I Review petitioner
M.G.Sreevidhya Respondent / ®
Additional 2nd
Appellant
RECEIPT.
BEFORE THE HON'BLE HIGH COURT OF KERELA
AT ERNAKKULAM
R.P.795 / 2021
R.P.862 / 2021
in
R.F.A. 240 / 2005
and Cross Objection therein
a (From the judgment and decree in OS 497/2002 in the file of Subordinate Judge,
Irinjalrfuda)
Sadu @ Ramadevan : Review petitioner
M.G. Sreevidhya : Respondent / Additional 2nd Appe||ant
MEDIATloN AGREnMENT UNDER sECTloN 89 oF THE CODE oF
THE CIVIL PROCEDURE READ WITH RULE 24 0F THE CIVIL
PROCHDURE (MEDIATION) RULES, 2008.
1. Review Petitioner ®laintiff before lower court) filed O.S. 497/2002 before Sub
Court at Irinjalakuda for realization of money equivalent to the value of gold
ornaments claimed to have entrusted by him to the original defendant as part of
business transaction between them. A decree was passed on 30-10-2004
allowing plaintiff to realize Rs. 2,88,420 with 6 % interest thereon from the
defendant and his assets.
2. Original defendant (predecessor of respondent) preferred Regular First Appeal
as R.F.A. 240 / 2005 before Hon'ble High court ofKerala from the judgment
and decree in O.S. 497 / 2002 of the Irinjalakuda Sub Court. Review Petitioner
(plaintifty filed a cross objection to the RFA.
3. Hon'ble High Court vide judgment and decree dated 22-06-2020 allowed the
R.F.A. and dismissed the suit. High court also dismissed the Cross Objection.
Review Petitioner ®1aintiff before lower court) filed R.P. 795/2021 & R.P.
862/2021 against the said judgments and decrees.
4. Pursuant to Court reference by Hon'ble High Court as per order dated 18-11-
2022 , parties undergone Mediation over the matter in the presence of Mediator
at Mediation Sub Centre, Irinjalakuda and ultimately arrived at this agreement
tosettff# dispute involved in the matter as under.
LI LJ L
5. Towards full and flnal settlement of Review Petitioner's claim involved in the
case, respondent (legal heir of deceased original defendant and additional 2nd
appellant in R.F.A.) agreed to pay the following amounts to review petitioner
(Plaintiff in the original Suit) within the time schedule, on separate receipts.
Sl. No., Amount (Rs.) Payable by date
1 I,25,000 31-12-2022
2 1,00,000 31-012023
-.-
a 3 1,00,000 28-02-2023
4 I,00,000 30-03-2023
5 1,00,000 30-04-2023
Total - 5,25,000
6. Parties agreed that the review petition filed by review petitioner be allowed,
R.F.A. 240 /2005 and Cross Objection preferred by the review petitioner be
restored to files and a decree in terms of this agreement be passed in the RFA
and the Cross Objection.
7. It is agreed by the parties that in case the respondent fails or neglects to
complete the payments as stated above within the respective dates mentioned ,
review petitioner shall be entitled to realise the balance amount found unpaid
within the time frame from the respondent and her assets or other assets
inherited by her from her predecessor (original defendant in the suit) with 12%
interest thereon from the respective dates of default and in that event
respondent will be liable for execution cost also. Otherwise, that is, on payment
of all anounts as mentioned above, parties shall bear their respective costs.
8. Parties agree that the court fees paid by review petitioner on the review petition
as well as court fee paid on appeal and cross objection be refunded to Review
Petitioner and the Respondent respectively.
9. Agreeing as above parties hereto set their hands to this agreement on this the
31St day of December, 2022.
yv-
Review petitioner -
Advocate for Review petitioner
Respondent -
Sadu @ Ramadevan
-Adv. Jain K.V.
M.G. Sreevidhya
±
Advocate for Respondent -Adv. K. Gopakumar##
All that stated above are fully true and correct. Signed this agreement on the is the
31St day of December, 2022, at the Mediation Sub Center, Irinjalakuda, in the presence
of Mediator
Review petitioner - Sadu @ Ramadevan
®
Respondent M.G. Sreevidhya
