Kerala High Court
C.T. Varghese vs Gopalakrishnan Nair on 29 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P. SOMARAJAN
WEDNESDAY, THE 297 DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
RFA NO. 853 OF 2014
AGAINST THE JUDGMENT AND DECREE DATED 29/10/2611 IN 0.S.N0.203/2009 OF
SUB COURT, OTTAPPALAM
APPELLANTS/DEFENDANT:
C,.T. VARGHESE,
AGED 50 YEARS,
S/O. CHEMMARIKKATT THOMAS,
MUNDAMUKA AMSOM, SHORNUR DESOM,
OTTAPALAM TALUK,
BY ADVS,
SRI.G.SREEKUMAR (CHELUR)
SRI.K.RAVI PARIYARATH
RESPONDENT/PLAINTIFE:
4 GOPALAKRISHNAN NAIR(DIED),
KIZHAKEETTIL AMMUNNI AMMA,
KARAKKAD AMSOM DESOM,
OTTAPALAM TALUK.
ADDL.R2 P.LEELA,
AGED 70 YEARS,
W/O GOPALAKRISHNAN NAIR,
KARAKAD AMSOM DESOM,
OTTAPALAM TALUK,
PALAKKAD DISTRICT 679101
ADDL.R3 DEEPTHI,
AGED 49 YEARS,
D/Q GOPALAKRISHNAN NAIR,
KARAKAD AMSOM DESOM,
OTTAPALAM TALUK,
PALAKKAD DISTRICT 679101
THE LEGAL HEIRS OF THE DECEASED SOLE RESPONDENT ARE
IMPLEADED IN THE PARTY ARRAY AS ADDL.RESPONDENTS 2&3, VIDE
ORDER DATED 13/03/2023 IN I.A.1/2023
BY ADVS.
PREETHI P V
SRI. K.JAYESH MOHANKUMAR
SRI.PUSHPARAJAN KODOTH
SRI. T.SETHUMADHAVAN
DEEPA NARAYANAN
M.V.BALAGOPAL
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA NO. 853 OF 2011
ho
JUDGMENT
The matter is settled in mediation. Mediation
report is received. The settlement arrived at by the
parties in mediation and the compromise entered into
will form part of the decree and judgment. The
appeal is disposed of accordingly. Refund the entire
court fee paid by the appellant in the first
appellate stage under Section 69A of the Kerala
Court Fees and Suits Valuation Act.
Sd/-
P . SOMARAJAN
JUDGE
rkr-29/03/23
BEFORE THE HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM
R.F.A. No.853 of 2011
C.T. Varghese : Appellants/Defendants
Vs.
Gopalakrishnan Nair(Died) : Respondent/Plaintiff
1.P.Leela Addl.Respondents 2 & 3
2.Deepthi Prakash
MEMORANDRUM OF SETTLEMENT FILED UNDER SECTION 89 OF
THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF
THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),
RULES, 2008:
Both parties have agreed to settle the dispute between them under the
following terms and conditions:
I. Both parties agree to settle the matter for an amount of Rs.3.50
lakh(Rupees three lakhs and fifty thousand only) as full and final
settlement of the case.
Il. The Appellant has already deposited an amount of Rs.9,50,000/-
(Rupees Nine lakhs fifty thousand only) in ICICI Bank, Shornur
Branch as per the order of Sub Court, Ottapalam.
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Kerala State Mediation and Concillation Centre
High Court of Kerala
Kochi - 682 034
2)
The Appellants and Respondents 2" 3 will file a joint application
before the Sub Court, Ottapalam asking the court to pass an order to
transier an amount Rs.3.50 lakhs (Rupees three lakhs and fifty
thousand only} from out of the amount deposited as mentioned
above, to the joint account of Respondents 2 and 3 (Ale
No,0738101059025) with the Canara Bank, Ottapalam branch, This
application shall be filed within a period of two weeks from today.
QT,
In the Self same application it can be prayed that the balance amount
can be taken by the Appellant by transfer to his savings bank account
with the ICICI bank, Shornur branch,
The above appeal may be disposed of recording the above
compromise and the full court fees may be refunded.
Dated this the 13th day of March, 2023.
Appellants
(oof
C.T.Varghese
Respondent
Gopalakrishan Nair (Died)
© Addl.Respondents
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2.Deepthi Pr l
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Counsel for the Appellant Counsel for the espondents
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Kerala Slats Mediation and Conciliation Centre
High Court of Kerala
Kochi - 682 037
