Kerala High Court
Lilly vs Devassy on 30 March, 2023
IN TIRE HIGH couRT oF RERAIA AT ERNAKulnM
PRESENT
TERE €toNOUBABIE MRS. dusTICE M.R,ENITHaL
THtmsmr, THE 30" in:!r oF mRcii 2023 / 9T[I clnlTHRA, 1945
RSA NO. 206 0F 2016
AfiAlrsT` Tsl= Oro=R/OtrmasRT- IN As 21/2oll OF 111 ADOITroeezLI. DlsmlcT cOuRT-,
TERIssun
os 54o/2oo8 oF 11 ADDITIch¢AI. SUB cot]RT,TmlssuR
APPEL14ANTS/APPELLLANTS 1, 2, 3 IN A.S.21/2011/DEFENDANTS 2, 3, 5 IN 0.S.540/2008
LII-LY
RED 71 -
D/o. AABAEgIAPAmN vABGlmsE , H/o. EDAEachl.Tlzl7R ffioRE , IcnBMEI. IARE,
ELTHURurHt] DEscM, ARAiIATTUKARA vlmAes , TlmlssuR TAIA]K Arm
DIS.TRICT 680 618
EsOS¥
RED 69 yens
D/a. jLFuiEENREEN viLRGREse , cH=EHI±acaL E}j¥_if=s , EGaENarm«7IriH
_DE5er, cHlyyARAi4 vI_I±aes, _I_HB±sggR I_ELus _e±© _0_I_s_m±cg 6ao o2g
Lur
AGED 60 YEARS
D`/Q ` aBaEaRAEREEN vRE€RESEL H/a `esivls A cREIaaerQT[zKaBa+. gESQ©1t
c:RII-ffi`Rz!ba -virmGE , T~ffiils-stiR TEE-tjiE z`B® BIB-in-Iei> 6-8-a -a-26
er anve .
M . DEvesH
REENA.A. (K/001814/1995)
vlNap EELvlveRARELrm {K/Ooi479/iggg!
K.-C.KIENtK/-621/2-O-0'6)
M.a.MINI{K/000153/1996}
asREm¢ SATHTrmTH (K/oolo3S/2016}
ANISH ANTONI AIIATHAZHATH (K/O00106/2019)
"IAREEQ ANVER K. {K/000942/2018)
T.KRISHNANUNNI (SR. ) {K/280/1973)
RESPONDENTS/RESPONDENTS I & 2 IN A.S.21/2011/PIAINTIFF & DEFENDANT NO.4 IN
a. 5 . 54O/2aee :
DEussY
Jen 67 -
S/o. ARAKKappADAN VARGRESE, REV plpE IZANE ROAD, AlrvA vll±nes,
DEsOM, AIuvA TAI+uK, ERNAKul,AM DlsmlcT 683ioi
R . S .A . No . 2 0 6/2 016
2J- AGED 66 yEas
s/o. ARaRIGa,EhaDAii vihRCREgE , eGENnaENGamM vlLmes , I>ESAH, TEmlgg[]R
TAI+tiK Afro DISTRlcT 680 Oa7
EFT anvs.
R.1 gr SRI. G.tnNIREISHRIz]N
ra E¥ SRI.2`imlro RAE;¥alcaralgmmla
SRI . c . DREgRzh7 Rzh=*at-{Ec/57g/2013}
THIS REGUIIAR SECOND APPEAL HAVING BEEN FINAIAJY HEARD ON 30.03.2023, THE
•cclt7RT. -Ost RE saiB Pay DELlvERED TIRE FOLliowlNct
R. S .A.No . 206/2016
jijDRE
This appeal has been filed against the judgment and decree
in A.S.No.21/2011 on the file of jfad-ditional District GouFt-Ill,
Thrissur, which arose out of the judgment and decree in
a.a.No.540R008 on the ffle QfAI_di~ti_Qn_al Sub €Qurt-II, Th~dssurt
2. When case came up for hearing, at the instance of the
parties, the case was referred for mediation and the parties
settled the entire issues through mediation.
3. The mediator has forwarded the mediated settlement
agreement.
4. On going through the terms of the agreement, I am
satisfied that the te-rms of the ag-roe-me-nt a-re legal a-nd -p-ro-per
and there is no impediment in recording the agreement. The
final decree passed in O.S.No.540/2008 as modified in
A.S.No.21/2011 is modified in terms with the agreement.
5. Accordingly, appeal allowed in terms with the
memorandum agreement. Memorandum of agreement will form
part of the decree.
All -pe-nd-i-ng i-nte-rloc-uto-ry applieatio-ns are Closed.
Sd/-
MiR.ENITEh
SIIG JtmGE
BEFORE THE HON'BLE HIGH COUIRT OF KERALA
AT ERNAKULAM
RSA No.206 0F 2016
Lilly & Others Appellants
Vs
Devassy & Others Respondents
RE,PQJIT SUBMl-TTED BY THE MEDIATOR ADV. A.R.GEORGE
Matter settled.
The terms of settlement is attached herewith,
Dated this the 20th day of March, 2023.
dv. A.R. George
Mediator
Ernakulam Mediation Centre
BEFORE Tin HON'BLE HIGH CouRT oF KERALAAT ERNAKULAM
RSA No.206 0F 2016
Lilly & Others Appellants
Vs
Devassy & Others Respondents
MEDIATED sETTLEMEr`IT AGREEMEr`IT
(Under Rule 24 of the Civil Procedure [ADR] Rules, 2008)
The dispute covered in the above case was referred for Court annexed
mediation and was mediated by Mr. A.R. George, Advocate and accredited
trained mediator and parties have agreed to settle their disputes on the
following tens and conditions:-
[1.I The parties hereby agree to have the properties scheduled in the suit divided in the
proportion of shares calculated as shown below:
1st Respondent [Devassy] : 1.7/6 shares (17/60)
2nd Respondent [Johny] : 1.3/6 shares (13/60)
|StAppellant [Lilly] 1/6 share (10/60)
2ndAppe||ant [Rosy] 1/6 share (10/60)
3rd Appe||ant [Lucy] 1/6 shares (10/60)
[2] The parties further agree to sell the entire property (ie. Plaint Schedule Item 1
property having an extent of 15 cents and building situated in Sy. No. 4/2 of
Kanimangalam Village, Thrissur District obtained as per Document No. 496/1980 of
Thrissur S.R.O. and Plaint schedule item 2 property having an extent of 8 942/1000
cents situated in Sy No. 158/1 of Chiyaram Village in Thrissur District obtained as per
Document No. 5687 of 1961 of Thrissur S.RO. On the measurement of the above-
mentioned properties if there is found any change in the extent, then the sale shall be
to the extent of the properties as found on measurement. The parties also agree that
Plaint Item No.1 will be sold as a single unit and Plaint Item No.2 shall be sold as a
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'1 1 ` I
Rosl` 6ZL Koc'm -c,.,'. I-I,-\ J-D^ry DJn-+ ,,i>
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single unit and not piecemeal. The parties agree that the sale proceeds shall be
divided among the shares in the proportion as mentioned in paragraph 1. If before the
actual sale takes place, the parties enter into any agreement for sale of the properties,
then the advance sale consideration received from the purchaser shall also be divided
in the proportion above mentioned. Every endeavour shall be made by the parties to
conduct the sale within a period of 6 [six] months from today which shall be extended
to a maximum period of 1 [one] year.
[3] Second appellant Rosy who is in occupation of the residential building in plaint
. item No. 2 property and the second Respondent Johny who is in occupation of the
residential building in plaint item No. 1 property shall continue with their residence in
the respective buildings till the date of sale or till the extended period fixed for sale of
the respective item of properties.
[4] Every endeavour shall be made by all the sharers to find out prospective buyers
within the agreed period of 6 months or the extended period of 1 year and sale shall be
conducted in favour of the person offering highest consideration.
[5] All the sharers hereby agree to co-operate with each other for disposing the plaint
schedule properties as per this agreement.
[6] Since the original title documents pertaining to the plaint schedule properties
are not in the possession of any of the sharers, the appellants shall obtain certified
copy of both the title deeds for enabling to proceed further in the matter as agreed
hereby.
[7] All the expenses incurred for the process of sale of property including obtaining of
certified copies/publication in the newspaper and other miscellaneous expenses shall
be met by all the sharers then and there in the proportion aforementioned.
LJ. ''`/ Ir ;i;;'aja L=," DeJT=try • uL=,27
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[8] In the light of this compromise, the preliminary decree dated 13.07.2010 in
O.S.540/2008 of the 11 Additional Sub Court, Thrissur may be modified and the appeal
shall be allowed in terms of this compromise. In the event of non-happening of sale
within the extended period of one year from today, the parties shall be at liberty to
approach the trial court by filing an application for passing of a final decree in tune
with the proportion mentioned in this agreement.
[9] The parties agree that the decree under challenge shall be modified to the extent as
• stated in this compromise agreement.
Dated this the 20th day of March, 2023.
ERE t\ulbe--,-T-\,a
|st Appeuant - Lilly |st Respondent - Devassy
giv
a y =3`=,
2nd Appe|Iant - Rosi 2ndReiariaEni=Tinny
i EEEEEH
3rd AppenaTnt-' Lucy
Counsel for the Respondents
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