Kerala High Court
Rajesh T.K vs Augustine.T.Chembarathi on 22 November, 2023
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 22° DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA,
1945
RFA NO. 347 OF 2019
AGAINST THE JUDGMENT AND DECREE OF THE SUB COURT, PALA IN OS
26/2017 DATED 30.03.2019
APPELLANTS /DEFENDANTS:
1
RAJESH T.K AGED 46 YEARS S/O KRISHNANKUITY NAIR,
THIRUMALA VEETTIL, PIRAYAR KARA, KIDANGOOR VILLAGE,
MEENACHIL TALUE.
DEEPTI RAJESH AGED 43 YEARS wW/O.RAJESH.T.K.,
THIRUMALA VEETTIL, PIRAYAR KARA, KIDANGOOR VILLAGE,
MEENACHIL TALUK.
"BY ADVS. PHILIP T. VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT .V.7T.LITHA
SMT .K.R.MONISHA
SMT .SHRUTHI SARA JACOB
SRI.THOMAS T. VARGHESE
RESPONDENT / PLAINTIFF
AUGUSTINE .T.CHEMBARATHI, AGED 65 YEARS, $/O.THOMAS,
CHEMBARATHICKAL § HOUSE, PIZHAKU KARA, RAMAPURAM
VILLAGE, MEENACHIL TALUK-686655.
BY ADVS. P.C.HARIDAS
V.V.ASOKAN (SR.) (A-370)
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-- a it
en es
anee seen e eee
----
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G, Girish, J.
The defendants in 0.S.No.26 of 2017 on the file of Sub Court,
Pala have filed this R.F.A challenging the judgment and decree of the
said court dated 30.03.2019. The suit was one filed by the
respondent; plaintiff for specific performance of an agreement for
sale dated 24.03.2015.
2. On the basis of the request made by the counsel for both
sides, when the matter was taken up for hearing on 07.11.2023, the
case was referred for mediation at the instance of Ernakulam
Mediation Centre in the premises of this Court.
3. Teday, when the case is taken up for hearing, it has been
submitted by the counsel for both sides that the matter has been
amicably settled between the parties in the mediation. The
memorandum of mediation settlement under Section 89 of the Code
of Civil Procedure read with Rule 24 of the Civil Procedure
(Mediation) Rules, 2008, signed by the parties and their counsel, has
been filed by the Mediator along with a report.
/
R.F.A (indigent).No.347 of 2019
(Mediation) Rules, 2008, signed by the parties and their counsel, has
been filed by the Mediator along with a report.
Having regard to the above settlement of the issue between
the parties in the mediation, this appeal is disposed of in terms of
the compromise between the parties, as envisaged under the
Memorandum of Mediation Settlement, which would form part of this
judgment.
(sd/-)
ANIL K. NARENDRAN, JUDGE
(sd/-)
G. GIRISH, JUDGE
jsr
ee
BEFORE THE HON'BLE HIGH COURT OF KERALA
AT ERNAKULAM
R.FA. No 347 of 2019 & CRL.MC No.6668 of 2018
Rajesh T.K & Anr : Appellants
VS.
Augustine T.Chembarathi : Respondent
MEMORANDUM OF MEDIATION SETTLEMENT AGREEMENT UNDER SECTION 89 OF
THE CODE OF CIVIL PROCEDURE READ WITH RULE 24 OF THE CIVIL PROCEDURE
" (MEDIATION) RULES 2008
1. The Appellant/Defendant has executed the document as per the terms of
the decree in OS.No.26/2017 of Sub Court, Pala after receiving the entire sale
consideration.
2, The parties will not have any further claim in the subject matter of the
above suit
3. In view of the above settlement the decree in OS.No.26/2017 of Sub
Court, Pala is fully satisfied. There is nothing remaining to be executed.
Therefore the above RFA can be disposed recording this settlement.
4, The Appellants are entitled for refund of the initial Court Fee paid by them
and may be refunded to them.
R.EA. No 347 of 2019
APPELLANTS RESPONDENT
1. Rajesh T.K Augustine T.Chembarathi ¢
ak
2. Deepti Rajesh aS
RL.MC N of 201 | |
PETITIONERS/IACCUSED RESPONDENT/DEFACTO COMPLAINANT
1. Rajesh T.K Augustine T.Chembarathi
2. Deepti Rajesh wed
3. i ll | val
Muraleedharan Nair Vad, wale pl ea Conciliation
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us nie State was mourt of Kerala
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5. The respondent has not intent to continue the Criminal proceedings in the
CC.No.3507/2017 of Judicial First Class Magistrate Court-l, Ettumanoor
( arising from Crime No.853/2017 of Kidangoor Police Station). He will have
no objection in quashing the proceedings in the above offences and will sign
necessary affidavit for quashing the Cri. MC.No.6668/2018 pending before
this Hon'ble Court.
Dated this the 9th day of November, 2023.
R.EA. No 347 of 201
APPELLANTS RESPONDENT Me
en
4. Rajesh T.K Augustine T.Chembarathi
2. Deepti Rajesh BA
PETIFIONERSIACCUSED
RESPONDENT/DEFACTO COM INANT
1. Rajesh T.K ay Augustine T.Chembarathi
2. Deepti Rajesh oe
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COUNSEL FOR THE APPELLANTSIPET ONO poe
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