Kerala High Court
Divakaran vs Radhamma on 22 June, 2023
IN THE HIGH COURT OF KERALA AT PRNARUTAM
PRESENT
THE HONOURABLE MR. JUSTICE TR. RAVT
THURSDAY, THE 228° DAY OF JUNE 2023 / 1isT ASHADHA, 1945
RSA_NO. 741 OF 2021
MEMORANDUM OF REGULAR SECOND APPEAL FILED UNDER SECTION 100 READ WITH
ORDER 42 RULE 1 OF THE CODE OF CIVIL PROCEDURE AGAINST THE DECREE AND
JUDGMENT DATED 24.03.2021 IN A.S NO.50 OF 2013 OF THE COURT OF ADDITIONAL
DISTRIctT JUDGE-TIT, MAVELIKKARA ARISING FROM THE DECREE AND JUDGMENT
DATED 25.09.2012 IN 0.S.NO.350 OF 2009 OF THE MUNSIFF'S COURT, KAYAMKULAM
APPELLANT/1ST RESPONDENT/PLAINTIEF:
DIVAKARAN
AGED 73 YEARS, S/O.KUNJU PILLAI, SUNITHALAYAM VEEDU,
KARAZHMA MURI, VALLIKKUNNAM VILLAGE,
BY ADVS.
GEORGE VARGHESE (PERUMPALLIRKUTTIYIL)
A.R.DILEEP
P.J.JOBR PAUL
MANU SRINATH
RAJAN G. GEORGE
RESPONDENTS/APPELLANT & RESPONDENTS 2 & 3/DEBENDANTS 1 To 3:
1 RADHAMMA
AGED 71 YEARS
W/O. LATE GOPALAKURUP, ELAVAKATTU VEEDU,
ILIPPAAKULAM MURI, VALLIKKUNNAM VILLAGE ~ 690 501.
2 NIRMALA
AGED 45 YEARS
ELAVAKATTU VEEDU, ILIPPAKULAM MURI,
VALLIKKUNNAM VILLAGE - 690 501.
3 THULASEEDHARAN PILLAL
AGED 42 YEARS
S/Q.GOPALAKURUP, ELAVAKATTU VEEDU,
ILIPPAKULAM MURI, VALLIKKUNNAM VILLAGE - 690 501
(REPRESENTED BY COURT GUARDIAN,
SRI.G.ASHOK KUMAR, ADVOCATE, KAYAMKULAM) .
BY ADV J.OM PRAKASH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO. 741 OF 2021
T.R.RAVI, J.
RSA No.741 of 2021
-- Od ee et it tt)
Dated this the 22" day of June, 2023
JUDGMENT
The case had been referred for mediation, The Nodal
Officer has placed before this Court the settlement arrived
at between the parties in the form of a memorandum of
agreement.
In the above circumstances, this second appeal is
closed recording the memorandum of agreement. The
memorandum of agreement shall form part of this
judgment. The parties shall abide by the settlement.
Sd/-
T.R.RAVI
JUDGE
sn
RSA NO. 741 OF 2021
APPENDIX OF RSA 741/2021
RESPONDENT'S ANNEXURES
Annexure A TRUE COPY OF THE DISABILITY CERTIFICATE DATED
26.06.2012 ISSUED IN FAVOUR OF THE 3RD
PETITIONER BY THE MENTAL HEALTH CENTRE,
THIRUVANANTHAPURAM
Annexure B TRUE COPY OF THE NEWS ITEM REPORTED IN
MATHRUBHOOMI DAILY DATED 08.06.2014
Annexure C TRUE COPY OF THE PHOTOGRAPH OF THE
RESIDENTIAL BUILDING
Annexure D TRUE COPY OF THE PHOTOGRAPH SHOWING THE ROOF
PORTION FROM INSIDE OF THE RESIDENTIAL
BUILDING
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
R.S.A, No.741/2021
Divakaran Petitioner/Appellant
Vs.
Radhamma and others : Respondents/Respondents
MEMORANDRUM OF AGREEMENT UNDER SECTION 89 OF THE
CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE
CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),RULES,
2008: .
1. The Respondents are prepared to settle the entire disputes involved in the above case
paying a lumpsum amount of Rs.3,00,000/-(Rupees Three lakhs only) to the Appellant.
The said amount of Rs.3,00,000/-(Rupees Three lakhs only) will be paid to the
Appellant within six months from today. On payment of the said amount the Appellant
shall execute a sale deed re-conveying the plaint schedule property to the Respondents
or to any of the Respondents as duly authorised by them. The expenses for the sale deed
shall be met by the Respondents.
2. The Appellant is agreeable for the above proposal. Both parties agree that in default of
payment as aforesaid the Respondents will loose their right for re conveyance of the
property and the Appellant is entitled to retain the possession and ownership over the
plaint schedule property and the Respondents are liable to be evicted therefrom. If even
after payment of the above said amount the Appellant refuses to re convey the property
the Respondents are entitled to get the sale deed executed through court.
Bindu.
K
flala State Mediation and ¢
Onciliagfi
High Coun af Kerala Centre 9
Kochi - 682 034
3. In view of the settlement arrived at, the appellant has no objection for the respondents
renovating the roof of the residential building standing in the plaint schedule property
as prayed in I. A, No.1/2023.
4. Both parties agreed to dispose of the above appeal in terms of the above
settlement,
5. The court fee paid by the Appellant may be ordered to be refunded to the
Appellant.
Dated this the 16" day of March 2023,
Appellants Respondents
Divakaran (ea ~ 1. Radhamma
2.Nirmala @ Bindu Sukumaran Be du.
3.Thulaseedharan Pillai 6
. Rep. By Mother & Guardian Radhamma
poe
| Counsel for the Appellant Counsel for the Respondents
Group Haha VA ferris pe hoe \A\ G $)| 6")
| Th fad. Lr Go PRAILeh,
Kerala State Mediation and Conciliation Centre
High Coud of Kerala .
™~ Kochi - 682 O31
mee
