C.P.Jolly vs Sheeba
2024 Latest Caselaw 11299 Ker

Kerala High Court

C.P.Jolly vs Sheeba on 19 April, 2024

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 197 DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
RSA_NO. 1044 OF 2619
AGAINST THE JUDGMENT DATED 04.06.2019 IN AS NO.35 OF 2017 OF

ADDITIONAL DISTRICT-IV, THRISSUR ARISING OUT OF THE JUDGMENT DATED

39.21.2017 IN OS NO.1582 OF 2014 OF III ADDITIONAL MUNSIFF

COURT, THRISSUR

APPELLANTS/APPELLANTS/1ST AND 2ND DEFENDANTS:

1 C.P.JOLLY
AGED 66 YEARS
W/O.PALLISSERY POULOSE, AMMADAM DESOM, PARALAM VILLAGE,
THRISSUR TALUK.

2 POULOSE,
AGED 69 YEARS
$/0.PALLISSERY CHACKO, AMMADAM DESOM, PARALAM VILLAGE,
THRISSUR TALUK.

BY ADVS.
K.S.BHARATHAN
SRI.ABEL ANTONY

RESP TS/RESPONDENTS/P AND DEFENDANT G

1 SHEEBA
AGED 46 YEARS
W/0.CHELAKKAPPILLY SHAJAN, MUPLIYAM ROAD, PUDUKKAD
VILLAGE AND DESOM, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT, PIN-689121.

2 JOSE
AGED 63 YEARS
S/0.CHETTUPUZHA PAVU, "ALICE VILLA", EAST FORT DESOM,
THRISSUR VILLAGE AND TALUK, PIN-686065.

3 SABU @ ANTONY
S/0.CHETTUPUZHA PAVU, NELLIKUNNU DESOM, THRISSUR
VILLAGE AND TALUK, PIN-680005.

4 ANDREWS .P.JOSEPH, (DIED) LRS RECORDED
AGED 75 YEARS
S/0.ALAPPAT PALATHINGAL JOSEPH, PARAYANKADAVU DESOM,
KATOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
PIN-686121 (IT IS RECORDED THAT RESPONDENTS 1 AND 5 ARE
THE LEGAL REPRESENTATIVES OF THE DECEASED 4TH



RSA NO. 1044 OF 2619
2

RESPONDENT AS PER ORDER DATED 13.03.2624 IN MEMO
DATED 13.03.2624. )

5 OUSEPH @ SHAJI
AGED 42 YEARS
S/0.ALAPATT PALATHINGAL ANDREWS P. JOSEPH,
PARAYANKADAVU DESOM, KATOOR VILLAGE, MUKUNDAPURAM
TALUK, THRISSUR DISTRICT, PIN-680121.

6 VADAKKOOTTIL JUSTIN (AMENDED)
ANCHERY DESOM, OLLUR VILLAGE, THRISSUR TALUK,
PIN-680306. (THE NAME OF THE 6TH RESPONDENT
"VADAKKOOTTIL JUSTIN" IS AMENDED AS "VADAKKOOTTE
JUSTIN@ MATHEW ANTONY VADAKKOOTTE" AS PER ORDER
DATED 11/4/2624 IN IA 1/2024).

7 JASMY
AGED 22 YEARS
D/O. VADAKKOOTTIL JUSTIN, ANCHERY DESOM, OLLUR
VILLAGE, THRISSUR TALUK, PIN-680306.

8 ANSTIN
AGED 17 YEARS
(MINOR), S/O.VADAKKOOTTIL JUSTIN, ANCHERY DESOM,
OLLUR VILLAGE, THRISSUR TALUK, PIN-680366,
REPRESENTED BY HIS FATHER AND GUARDIAN VADAKKOOTTIL
JUSTIN, ANCHERY DESOM, OLLUR VILLAGE, THRISSUR
TALUK, PIN-686306,

BY ADV SRI.G.SREEKUMAR (CHELUR)- FOR R1, R3 TO R8

THIS REGULAR SECOND APPEAL HAVING COME UP FOR ORDERS ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:



RSA NO. 1044 OF 2019
3

JUDGMENT

The matter is settled in mediation. The memorandum of settlement produced is accepted.

The R.S.A is disposed of as per the terms of the memorandum of settlement. The memorandum of settlement will form part of the decree. Refund the court fee, if any

already remitted.

Sd/-

C.PRATHEEP KUMAR JUDGE

mpm

RSA NO. 1044 OF 2819

RESPONDENTS" ANNEXURES

Annexure R7 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE 7TH RESPONDENT IN THE NAME OF THE MR. MATHEW ANTONY VADAKKOOTTE DATED 13/03/2024.

ERNAKULAM MEDIATION CENTRE (HIGH COURT HALL) |

"(QM floor, above pal, High Court Building, Emakulam, Kochl-31.(PRy 0484.2563238)

~ Sir, |

co Enel:- y. Report of the Mediator, setttetne Sa

To.

EMC/Reg No,. MEAR4... -- . _ ---- . -- : . Dated. eT From . | | _

The Nodal Officer, wet - 7 High Court Mediation Centre.:

"The Registrar Guaicial) High ¢ Court of Kerala, Emakulam,

Sub : Mediation of case referred aby the Hon'ble high Court of Kerala - reg.

Re ef: " Referral Or. Np acca sla peecenenccccsatssesdecctAeensvmnve<payeenpacuveneesas oo "dated .. 95; fa af. cof the Honorable High Court of Kerala |

| Pam to forward herewith Report of the Mediator in the matter along

- with the enciosures for infarmation and necessary @ action. "

"Yours Faithfully,

oo, Nodal Officer, oe Ernakulam Mediation Centre

2. Copy of the referral order dated: ods4 "ot the High Court of Kerala.

3 Copy of the Petition"

BEFORE THE HONORABLE HIGH COURT OF KERALA

AT ERNAKULAM RSA_No, 1044 of 2019

C.P Jolly & Aur : Appellants Vs Sheeba & Anr : Respondents

REPORT SUBMITTED BY THE MEDIATOR ADV. MANZOOR ALI

Mediated, matter is settled.

Terms and conditions are attached herewith.

Dated this the 19th day of April, 2024.

e

| ~ Manzoor Ali Mediator | Ernakulam Mediation Centre

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

R.S.A 1044 of 2019 C.P Jolly & another : Appellants:

Sheeba & Another : Respondents:

MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION) RULES, 2008

The above case came up for mediation on 05.03.2024, and 19.03.2024 and in the mediation the parties to the above case came to an amicable settlement to settle their dispute and accordingly this settlement is entered mutually on the following terms and conditions:

1. It is agreed by the parties that the subject matter of the case is with respect to the properties situated in Puthoor village, Thrissur Taluk as mentioned in registered will No. 47/94 of SRO Irinjalakuda jointly executed by Late Pavoo and Mary. The lie of the property in full is given as Pic 1A . The parties to the suit agrees to partition the properties mentioned in the said Will into A, B, C and D schedules given here under. The sketch of the property after it is partitioned would be as shown as Pic 1 B in the sketch. |

Appellants Respondents

1.C.P Jolly Db. 1. sneeba Sh 00D

}

2.Poulose Ye 2, jose 3.5abu@ Antony £

4.Andrews P. Joseph(Died)

5. Ouseph @ Shaji

6. Vadakkotte Justin@ Mathew Antony Vadakkootte Je

7. Jasmy, Power of Attorney Holder fe

Vadakkotte Justin @ Mathew Antony Vadakkootte

8. Anstin ex

K, . tla State Mediation and Conciliation Centre High Court of Kerala

mare Kochi - 682 031

Ms

A. It is submitted that the beneficiaries of the Will are, 1) Sherly, 2) Jolly, 3) Jose, 4) Sabu@Antony, the 4 children of Late Pavoo and Mary. Now Sherly is not alive and her share in the Will devolved to her 3 children as legal heirs, namely Shyla, Sheeba(Ri in the appeal) and Ouseph@Shaji(R5 in the appeal). Shyla is not alive and her legal heirs are: Vadakkottil Justin @ Mathew Antony(Husband) their 2 children- Jasmy, Anstin, (respondents 6 to

8 in the Appeal).

B. It is submitted that the A and B schedule hereunder are set apart to the legal heirs of Sherly. In that the A schedule property which comes to a total extent of 130.97 cents of which,15.540 Cents comprised Survey NO 308/1 , 96.780 Cents comprised in Survey NO 309, 6.170 Cents comprised in Survey NO 983/1, and 12.480 Cents comprised in Survey NO 984/3, Puthur Village would be set apart jointly to her daughters Sheeba and legal heirs of Late Shyla alone. The B schedule property which comes to the total extent of 130.67 cents of which 3.880 Cents comprised in Survey NO.308/1, 28.630 Cents comprised in Survey NO.309, 20.000 Cents comprised in Survey NO 983/1, 7.360 Cents comprised in Survey NO 984/3, and 70.800 Cents comprised in Survey NO 984/1 of Puthur Village is set apart jointly to jointly to her daughters Sheeba and legal heirs of Late Shyla and Ouseph @ Shaji. The said A and B schedule properties are shown in the sketch attached herewith separately.

C. Itis submitted that the C schedule hereunder is set apart to Jolly alone. The said property comes to a total 131.34 cents of which 0,330 Cents comprised in Survey NO.984/1, 48.5530 Cents comprised in Survey NO.984/3, 81.960 Cents comprised in Survey NO 983/1, 0.500 Cents comprised in Survey No.308/1 of Puthur Village. The said properties as shown as C schedule in the sketch attached herewith separately.

Appellants Respondents

LC.Pjolly "2 1. sneebe shee bw

2.Poulose lle 2. Jose OR |

3.Sabu@ Antony bev

4.Andrews P. Joseph(Died) 2?

5. Ouseph @ sna Be

6. Vadakkotte Justin @Mathew Antony Vadakkootte

7. Jasmy, Power of Attorney Holder Vadakkotte Justin @ Mathew Antony Vadakkootte

8. Anstin LAE

K . aa State Mediation ang Conciiation Centre High Court of Kerala fakes Kochi - 682 031

te

. It is submitted that the aforesaid partition is acceptable to ail the parties herein and it is agreed that they will not make any dispute with respect to the partition in future.

. It is agreed that the parties having taken possession of the said respective properties as set apart in the schedule given under, will not make any acts which are detrimental to the property and to the interests of the respective owners of the property.

. [tis agreed that if any kind of activities are making in the boundaries of the property by the respective owner which inciudes dredging, the same shall be done only after getting consent in writing from the nearby owners of the property.

. The parties hereby agree that if the area of the property is increased or decreased by way of any Re survey measures or any kind of acquisition by the authorities, the respective owners will bear the loss without making any claim against the other owners.

. It is stated by the parties that a water canal is passing through the C

schedule property and the owner of the 8 schedule have not objection to shift the canaj to the boundary of B schedule property.

Appellants Respondents

1.C.P Jolly Lab _. 1. sneepa CA22 AO

2.Poulose 'ghee 2. jose Ge:

3.Sabu@ Antony

4.Andrews P. Joseph(Died)

5. Ouseph @ Shas ~ A

6. Vadakkotte Justin @mMathew Antony Vadakkootte

7. Jasmy, Power of Attorney Holder we Vadakkotte justin @ Mathew Antony Vadakkootte a

8. Anstin A .

OB ale be, Oe

ree 'as boas noe ct * a fh gata 2 on sive

a & att, het, a HOCH - =

|. The property mentioned in and shown in D schedule is jointly enjoyed by :

the parties herein as joint holders. The parties herein agree to part the ! same into two equal haives, A and B, wherein A portion is set apart to the legal heirs of Sherly, the signatories of this agreement and B portion is set apart to Jolly. The parties shall apply to the competent authorities to obtain title over the A & B portions in D schedule property and to have ownership in the said A and B portions in D schedule property.

Description of the A Schedule Property {Property of Sheeba and legal heirs of Late Shyla alone)

District : Thrissur

Sub District : Ollukkara

Taluk : Thrissur

Village : Puthur

Desom : Cherukunnu

Sy No : 308 309 983 984

Sy Sub DIV -: 1 1 3

Extent : 15.540 cents 96.780 cents 6.170cents 12.480 cents

Description of the property The total extent of 130.97 cents of land of which,15.540 Cents comprised

survey NO 308/1 , 96.780 Cents comprised in Survey NO 309, 6.170 Cents comprised in Survey NO 983/1, and 12.480 Cents comprised in Survey NO 984/3, Puthur Village.

Appellants Respondents L.C.PjJolly "dae 1. sreeba Soba

2.Poulose pile 2. jose)

3.Sabu@ Antony

4.Andrews P. Joseph(Died}

5. Ouseph @ shai Ot

6. Vadakkotte Justin@ Mathew Antony Vadakkootte ,

7. Jasmy, Power of Attorney Hojder Vadakkotte Justin @ Mathew Antony Vadakkootte

8. Anstin

2a ae)

Boundaries North : Cschedule East : Bschedule South : Puthur- Mannamangalam Road West : Private Property

Description of the B Schedule Property (Property of Sheeba and legal heirs of Late Shyla and Ouseph@ Shaji)

District : Thrissur * Sub District: Ollukkara Taluk : Thrissur Village : Puthur Desom : Cherukunnu Sy No : 308 309 983 984

Sy Sub DIV: 1 1 3 1 Extent : 3,880cents 28.630cents 20cents 7,.360cents

70,800cents

Description of the property The total extent of 130.67 cents of land of which, 3.880 Cents comprised in Survey NO.308/1, 28.630 Cents comprised in Survey NO.309, 20.000 Cents comprised in Survey NO 983/1, 7.360 Cents comprised in Survey NO 984/3, and 70.800 Cents comprised in Survey NO 984/1 of Puthur

Village.

aia Appellants Respondents

1.C.P Jolly tab. 1. Sheeba cheba

2.Poulose pee 2. jose(S\

3.S5abu@ Antony

4.Andrews P. Joseph(Died)

| rene

5. Ouseph @ snap we

6. Vadakkotte Justin@ Mathew Antony Vadakkootte

7. Jasmy, Power of Attorney Holder

'ation and Conciliation Centre ) meee apn cout Kerala Vadakkotte Justin @ Mathew Antony Vadakkootte j hi - 682 034 " nen 8. Anstin

Boundaries North : Forest Property East : Cschedule South : Puthur- Mannamangalam Road West : AandC schedule properties

Description of the C Schedule Property (Property of Jolly)

District : Thrissur

* Sub District : Ollukkara Taluk ; Thrissur Village : Puthur Desom : Cherukunnu Sy No : 984 984 983 308 Sy Sub DIV ss: 1 3 1 1 Extent : 0.330 cents 48.550 cents 81.960 cents 0.500 cents

Description of the property The total! extent of 131.34 cents of land of which, 0.330 Cents comprised in

Survey NO.984/1, 48.5530 Cents comprised in Survey NO.984/3, 81.960 Cents comprised in Survey NO 983/1, 0.500 Cents comprised in Survey No.308/1 of Puthur Village.

- Appellants Respondents

1.C.P Jolly Bh 1. sheera sh2cbow

2.Poulose ie 2. jose (WR)

3.Sabu@ Antony

4.Andrews P, Joseph(Died}

5. Ouseph @ Shaji <AMeRF! and Conciliation Centre

" aja State Mecour ol Kerale 6. Vadakkotte Justin @Mathew Antony Vadakkootte ,. 682 03 Koch 7. Jasmy, Power of Attorney Holder

Vadakkotte Justin @ Mathew Antony Vadakkootte

L

8. anstin AN

Boundaries

North : B schedule

East : Government Property

South : Puthur- Mannamangalam Road

West : Aand B schedule property and portion of private property

Description of the D Schedule Property

(Property of legal heirs of Sherly and Jolly)

District : Thrissur

Sub District : Oliukkara

Taluk : Thrissur

Village : Puthur

Desom : Cherukunnu

Sy No : 309 984

Sy Sub DIV

Extent : 20.00 cents 20 cents Appellants Respondents

LCPJolly "Qe 1, sneepag hoc bo

2.Poulose el 2. Jose ay pop QO

3.Sabu@ Antony

4,Andrews P. joseph(Died)

5. Ouseph @ Shajis3

6. Vadakkotte Justin @ Mathew Antony Vadakkootte

7. Jasmy, Power of Attorney Holder Vadakkotte Justin @ Mathew Antony Vadakkootte

8. anstin A "Ma Stale Mediation ano Concitation Contre

High Cour of Kerala

heua «ssh - 682031

"

Description of the property

The total extent of 40.00 cents of fand of which, 20.00 Cents comprised in survey No.984, 20.00Cents comprised in Survey NO.309 of Puthur

Village.

Boundaries North : C schedule | East : Aschedule | | South : Aschedule ) West : Private property Appellants nf as

1.C.P Jolly LE 1. Sheeba 5 LES?

. we

2.Poulose AD, 2. jose --_ al

3.Sabu@ Antony

4,Andrews P. Joseph(Died)

5. Ouseph @ Shaji < eer ch

6. Vadakkotte Justin@ Mathew Antony Vadakkootte *» 7, Jasmy, Power of Attorney Holder Vadakkotte Justin @ Mathew Antony Vadakkootte

8. anstin AY

Dated this the 19" day of March, 2024.

Counsel for the appellants Counsel for the re pendents * at C " & ° p prone Sl The above settlement agreement is authenticated by me. Mediator.

Ki... tia State Mediation and Coneiliation Gentre Manzogy Ali IZ. ok Court of Karala £ Kochi - 682.031

aa.

Sketch of the property before partition

TOTAL AREA . 456, 970/1000 CERTS

Pic1.A Jants Respondents

OW

1.C.P Jolly "ab. 1. scan § Aepa bm

2.Poutose Ayer 2. jose on we 3.Sabu © Antotiy

4.Andrews P. fjoseph(Died)

5. Ouseph @ sna OD

6, Vadakkotte Justin @ Mathew Antany Vadakkootte

ao. 7. Jasmy, Power of Attorney Holder what Bp os Vadakkotte Justin @ Mathew Antony Vadakkootte ot Poh Saw atic Centre 8. Ain A poet ty en won

Sketch of property after it would be partitioned

"

eee.

* Li ;

, S ca us me Me, ais 7 2 ' 4 2 3+ -- -

. a; a _ as are sy Fa Bad c a a

f) 38% rae be c1 5 Yul eh oad Az > 74.0

a Pic-1 B

Appellants Respondents

1.C.P Jolly Th be 1, sn Shag 2,Poulose Mee Jose

3.Sabu@ Antony CO

4.Andrews P, stoi

5. Ouseph @ Shaji

6. Vadakkotte oo Antony Vadakkootte

7. Jasmy, Power of Attorney Holder K 4 Vadakkatte Justin @ Mathew Antony Vadakkootte a State Mediation and

Conciliat High Court of Kera liation Cent 8. Anstin

Sketch of A schedule property.

SY 80208/1 ; 18.940/1000 CEATS

HB: By

BY RO SB4/3 ¢ 12, /1000 CENTS TOTAL AREA :130.970/ 1QD0CERTS

Appellants Respondents

1.C.P Jolly

2.Poulose Ww 2. jose

3.Sabu@ Antony

=

4,Andrews P. Joseph(Died)

5. Ouseph @ Shajiseeeet

6. Vadakkotte Justin@ Mathew Antony Vadakkootte

Maclin ™ ciation and Cones 7. Jasmy, Power of Attorney Holder "ee DP) Court ot Kargey HO? Cenue Vadakkotte Justin @ Mathew Antony Vadakkootte

8. Anstinf py

Sketch of B schedule property Survey no: 925,984,30%,308

ini oe

TOTAL AREA :130.670/1000CENTS

Appellants eee,

1.C.P Jolly hb, 1. Sheba SH LLO% --

2.Poulose jut 2, jose ' a 3.Sabu@ Antony

4. Andrews P. joseph(Died)

5. Ouseph @ Shaji airs

fe.

7. Jasmy, Power of Attorney Holder

_ a . - Ne .

Di CHO Nin Ree 8. anstin A

6. Vadakkotte Justin@Mathew Antony Vadakkootte

ays oe Vadakkotte Justin @ Mathew Antony Vadakkootte

'b a Appellants L.C.P Jolly The ye,

2.Poulose Ya Medias;

igh Cont Concitistion C Unt of Tal ene Ochi - 682 99, 3

Vit

EE aS

TOTAL AREA :131.340/ SOOOCENTS

zea

»~

Respondents "I ood 1, Sheeba 5 \&e/-->-- Z

2. jose 3,Sabu@ Antony 4 Andrews P, Joseph(Died)

5. Ouseph @ Shaji eae ae

6, Vadakkotte]ustin@Mathew Antony Vadakkootte

7. Jasmy, Power of Attorney Holder Vadakkotte Justin @ Mathew Antony Vadakkootte

8, Anstin ay

Sketch of Schedule D Property

North East Side land 984 | Refer Picture 1.B, Partition B6 and BS }

Appellants Respondents

1.C.P.Jolly Ge 1. Sheeba Ch oot 4 2.Poulose we 2. oe KO,

3,Sabu@ Antony

4.Andrews P. JosephiDied)

5. Ouseph @ Shaji ae

6. Vadakkotte Justin@ Mathew Antony Vadakkootte

7, Jasmy, Power of Attorney Holder Vadakkotte Justin @ Mathew Antony Vadakkootte

8. = Anstin Wa 5p 'a .

' Median, Danan

Hs oh lay ty

Koen eo Kp "elation Coning

OCH} 6 - 03,8

i