Kerala High Court

K.M.John vs K.M.Mathew Junior on 27 October, 2023

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 27" DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
RFA NO. 191 OF 2019
OS 14/2014 OF ADDITIONAL SUB COURT, KOLLAM
APPELLANTS :

1 K.M.MATHEWS JUNIOR
AGED 54 YEARS,S/O K.M MATHEW, RESIDING AT
INCHAKALODIL VEEDU(EAST),BISHOP PALACE NAGAR-
135, PUNNATHALACHERRY, KOLLAM WEST
VILLAGE, REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER CISY MATHEWS,W/O K.M MATHEWS
JUNIOR, RESIDING AT -DO- (FIRST DEFENDANT BEFORE
THE LOWER COURT)

2 CISY MATHEWS - DELETED
AGED 51 YEARS
W/O K.M MATHEW JUNIOR, RESIDING AT -DO-(3RD
DEFENDANT BEFORE THE LOWER COURT)

3 SUSAN ELIZABETH MATHEWS - DELETED
AGED 20 YEARS,D/O K.M MATHEWS JUNIOR -- DO~ (7TH
DEFENDANT BEFORE LOWER COURT)

4 ANN SARA MATHEWS - DELETED
AGED 17 YEARS,D/O K.M MATHEWS JUNIOR, RESIDEING AT
-DO-,REP BY HER POWER OF ATTORNEY HOLDER CISY
MATHEWS, -DO- (8TH DEFENDANT BEFORE THE LOWER
COURT )

5 I.M.MATHEWS - DELETED
AGED 18,5/0 K.M MATHEWS JUNIOR, RESIDING AT
~DO-,REP BY HIS POWER OF ATTORNEY HOLDER CISY
MATHEWS, -DO- (9TH DEFENDANT BEFOER THE LOWER
COURT)

BY ADVS.
SAJU J PANICKER


R.F.A.Nos.590 of 2017 & 191 of 2019
- 2

RESPONDENTS :

1 K.M. JOHN
AGED 49,S/O0 K.M MATHEW ,NOW RESIDING AT
KANDATHIL PARAMBIL, HOUSE.NO.9, KANNIMEL
CHERRY, KAVANAD P.O,NEAR KUTTOORKULAM, KOLLAM-
691003 (PLAINTIFF BEFORE THE LOWER COURT)

2 K.M KOSHY
AGED 44,S/0 K.M MATHEW, R/AT INJAKKACODIL
VEEDU, BISHOP PALACE NAGAR-18, PUNNATHALA
CHERRY, KOLLAM WEST VILLAGE (2ND DEFENDANT
BEFORE THE LOWER COURT)

3 SUBHA KOSHY - DELETED
AGED 41,W/O K.M KOSHY,RESIDING AT INJAKKACODIL
VEEDU, BISHOP PALACE NAGAR-18, PUNNATHALA
CHERRY, KOLLAM WEST (4TH DEFENDANT BEFORE THE
LOWER COURT)

4 I .K MATHEWS - DELETED
AGED 18,S/0 K.M KOSHY,RESIDING AT INJAKKACODIL
VEEDU, BISHOP PALACE NAGAR-18, PUNNATHALA
CHERRY, KOLLAM WEST (5TH DEFENDANT BEFORE THE
LOWER COURT).

5 ANNI KOSHY - DELETED
AGED 18 YRS,D/O K.M KOSHY,RESIDING AT
INJAKKACODIL VEEDU, BISHOP PALACE NAGAR-
18,PUNNATHALA CHERRY, KOLLAM WEST (6TH
DEFENDANT BEFORE THE LOWER COURT).

DELETION OF PARTIES FROM PARTY ARRAY

APPELLANTS 2,3,4 AND 5 AND RESPONDENTS 3,4 AND
5 IN RFA 1191/2019 HAVE BEEN DELETED FROM THE
PARTY ARRAY AS PER ORDER DATED 6/10/2023 IN IA
1/2023 IN RFA 191/2019.

THIS REGULAR FIRST APPEAL HAVING COME UP FOR
ADMISSION ON 27.10.2023, ALONG WITH RFA.590/2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


R.F.A.Nos.59@ of 2017 & 191 of 2019
-- 3 :-

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SATHISH NINAN

FRIDAY, THE 277 pAY OF OCTOBER 2023 / 5TH KARTHIKA,

1945
RFA NO. 590 OF 2017

AGAINST THE COMMON JUDGMENT AND DECREE DATED 31/05/2017

IN OS 93/2013 OF ADDITIONAL SUB COURT, KOLLAM

APPELLANT /DEFENDANT :

K.M. JOHN

AGED 50 YEARS, S/O. K.M. MATHEW, RESIDING AT

KANDATHIL PARAMBIL, HOUSE NO. 9, KANNIMEL
CHERRY, KAVANAD P.O., KOLLAM - 691 003.

BY ADVS.
SMT.K.G.BINDU
SRI.P.H.ABDUL KALAM
SMT.T.S.MAYA THIYADIL

RESPONDENT/ PLAINTIFF:

K.M.MATHEW JUNIOR

AGED 55 YEARS, S/O. K.M. MATHEW, RESIDING AT

INJAKALODIL EAST, BISHOP PALACE NAGAR, NO.
135, PUNNATHALA CHERRY, KOLLAM WEST VILLAGE,
REPRESENTED BY HIS WIFE AND POWER OF ATTORNEY
HOLDER CISY MATHEW, W/O. K.M. MATHEW JUNIOR,
AGED 52 YEARS, RESIDING AT INJAKALODIL EAST,
BISHOP PALACE NAGAR, NO. 135, PUNNATHALA
CHERRY, KOLLAM WEST VILLAGE.

BY ADV SRI.SAJU J PANICKER

THIS REGULAR FIRST APPEAL HAVING COME UP FOR

ADMISSION ON 27.10.2023, ALONG WITH RFA.191/2019,

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

THE


Sathish Ninan, J.

een lend od dd ee
a a ee ee ee oe ee ee ee

Dated this the 27" day of October, 2023
JUDGMENT

The parties have settled their disputes in mediation. They have entered into a memorandum of agreement incorporating the terms of settlement. The decree and judgment of the court below is set aside and a decree is passed in terms of the settlement. The memorandum of agreement will form part of this judgment. The court fee paid on the memorandum of appeals shall be

refunded to the respective appellants.

Sd/-

Sathish Ninan, Judge

rsr

IATION CENTRE

RT HALL)

ERNAKULAM ME

(HIGH CC

TN NS

penne.

S mS a oe.

' s.

Ra AC

gS PE

See Ny

2 et aes Lc

Be:

Bay

3X SS

Pad

io. of the Hore

WROINGIINN OTD. OD

BEFORE THE HON'BLE SUPREME COURT OF INDIA

R.PLA. No. 390 of 2017 RLM. John : Appellant KLM. Mathewslunior : Respondent AND R.FA. No, 191 of 2019 KLM. Mathewslunior ; Appellant © Vs.

K.M. John & another : Respondents

REPORT SUBMITTED BY ADVOCATE PRABHA R. MENON, APPOINTED AS MEDLATOR IN THE ABOVE CASE.

I was appointed mediator in the above cases vide orders of this hon'ble court. The parties and counsel appeared for mediation on several occasions.

« The cases have been amicably settled by the parties and the terms of compromise is attached herewith, for further orders.

BEN

" 4 wg Se a er a re ' -

Dated this the 2°" day of October, 2023

Advoeate Prabha R. Menon Mediator Kerala Mediation & Conciliation Centre

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

R.F.A. No. 590 of 2017

KM. John > Appellant ¥s.

KLM, Mathewelunior > Respondent AND

R.F.A. No. 191 of 2019 KM. Mathewsunioar > Appellant ¥s.

K.M. John & another > Respondents

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE

The abave cases were referred to mediation vide orders of this hon'bie Court. The parties and counsel appeared for mediation several times jointly and individually. They

have now settled ail their disputes on the following terms:

1} The parties agree that O.S. 93/2013 from which R.AA. 590/201? is fled arises From a sult filed by K.M. Mathews Junior for declaration of tide on basis of gift deed No. 1210/76, which is the plaint schedule property in the litigation and which has an extent of 4 Ares 92 Sq. metres, situate in Block No. 259 of Kollam West Vilage and that the suit was decreed.

2} The parties also agree that O.S. 14/14 frorn which R.RA. 191/2019 arises is from a sult for partition fled by K.M, John of all properties in the family excluding the sul property scheduled in O.S. 93/2013 stateg i This sult G15, 14/2014

= a - WAAR Aee

- on ' A, ene A s a < a AAR = _ x een?

A phos (Src PA pep 2p -- wi. Sane PGP Bw ety , POR 3 aa -

Junie Mae ont wee yoy 7 we 2 .

AU MATHE GIS Jussior) < Kovsla Mess

Lad at

s * 4 . Kewals $28, " aa Theres Faayor ASSES | KM MATHE bis Gussior) r : ~ a

was decreed, allotting 1/2 share each to the parties who are three brothers. They

agree that all other parties in the R.RA. 191/2019 are not necessary to sign this mediation settlement,

The parties agree that the respondent KM, Mathews Junior in RRA, 590/2017 agrees to convey whatever rights devolved on him as per Gift Deed No. 1210/1976 dated 19.05.1976 In respect of plaint A schedule property in O.S. No. i4 of 2014 of Additional Sub Court, Kallam jie. 4 Ares 92 So.metres of property comprised under Re.Sy. No. 3 in Block No. 259 of Kollam West Village (Qid Sy. No. 6577/1 of Kollam Village} in favour of the appellant K.M. John by executing and registering gift deed / settlement deed at the cast of the appellant K.M. John within @ period of one month fram today.

Ist Respondent K.M. John and 2nd respondent K.M. Koshy in R.EA. No. 191 of 2019 agree to execute and register release deed in respect of their 2/3rd shares over the extent of 3 Ares 95 Sqa.metres of property and all structures situate therein comprised under Re.Sy. No. 9 in Block No. 259 of Kollam West Village which is the plaint B schedule property In O.S. No. 14 of 2014 of the Additional Sub Court, Kollarn in favour of the appsilant Sri. K.M. Mathews Junior at the cost of the appellant K.M, Mathews Juniors, within 2 period of one month from today.

ist Respondent K.M. John and the appellant KM, Mathews Junior in RRA. 191 of 7019 to execute release deed In respect of thelr 2/Srd right over an extent of 3 Ares 4 Sq.metres of property and all structures situate therein comprised under Re.Sy. No. 60 In Block No, 26? of Kollam West Vilage which is the plaint C schedule property in 0.5. No. 14 of 2014 of the Additional Sub Court, Kallam in favour of 2nd respondent K.M. Koshy at the cost of 2nd respondent KM. Koshy

within a period of one month, from today.

The parties K.M. Mathews Juniors K.M. John and K.M, Koshy also agree to effect a partition in respect of an extent of 2 Ares 30 Sq.metres of praperty and all structures situate therein which is the plaint O schedule property in 0.8. No. 14-of 2014 of Additional Sub Court, Kollam, by metagang bounds in such @ way as to

aa ae F F we, Te ce a ra ma MN 7 ~ eee - .

. .

f Re we

allot i/Srd share each to K.M, Mathews Junior, KM. John and K.M.Koshy and to

execute and register a partition deed at the costs of the parties and If it is not possible, the parties agree to sell the said property and to divide the sale proceeds equally among the three of them.

The parties K.M. Mathews Junior, K.M. John and K.M. Koshy agree that they will thereafter not raise any further claims over the said properties agreed to be conveyad among them.

The parties agree that if any of them fall to comply with any of the terms of this settiement, the other parties will be entitled to execute this compromise decree In

the respective executing court.

In the circumstances the parties. request this hon'ble court to dispose of RFA. 590 of 2017 and RRA, 18] of 2015 in terms of this mediation settiiement, pass a decree thereon and direct the court fee paid in the appeals to be refunded

to the parties.

Dated this the ae day of October, 2023

Respondent in R.F.A. 5590/2017 K.M. Mathews Junior 2°94. WS coon ee,

ane cn anal ' 3

Counsel for K.M. John Counsel for K.M. Mathew Junior KG. Bindu Saju J. Panicker »

VERIFICATION

WE, the parties above named, do hereby solemnly state and declare that what Is contained in paragraphs 1 to 8 are true to the best of our knowledge, information and bellef.

~ ey

Dated this the 2)" day of October, 2023

Appellant in R.F.A. 3590/2017 & Appellant in R.F.A.191/2019 & Respondent in R.F.A. 22 2 AZ KM. Mathews Junior" Sores

Counsel for K.M. John KG. Bindu

2nd Respondent in R.F.A. 1931/2019 KM. Koshy fe