Kerala High Court

C.Jayaprakash,(Died) Legal ... vs K.C.Lalitha on 4 April, 2024

Author: K.Babu

Bench: Kk. Babu

TIN THE HIGH COURT OF KERALA AT ERNAKULAN
PRESENT
THE HONOURABLE MR. JUSTICE kK. BABU
THURSDAY, THE 478 pay OF APRIL gaa / isTH CHAITHRA, 1945
RSA_NO. 348 OF 26143

AGAINST THE ORDER/ NIDGMENT OATED 44.42.9042 TR AS NO.2268 oF
2004 OF DISTRICT COURT & SESSTONS COURT, THALASSERY ARISING GUT
OF THE ORDER/ JUDGMENT DATED 18.12.2803 IN OS NO. 205 oF e802 Of

ASSISTANT SESSIONS COURT/PRINCIPAL SUB couRT ¢ COMMERCTAL

COURT, THALASSERY

APPELLANTS :

a

©. JAYAPRAKASH, (DIED) LEGAL REPRESENTATIVES TMPLEADED

AGED 54 YEARS

$/Q. LATE MABHAVAN, MADHAVA NIVAS, KATALAYI, KANNUR

TALUK P.O., PIN-878 O07. {IT IS RECORDED TNAT THE isT

APPELLANT DIED ON 3/5/2023 AS PER ORDER DATED
7/7/2023 IN TA 1/2023}

C.PHALGUNAN, (DIED) LEGAL REPRESENTATIVES ITMPLEADED

AGED SP YEARS

S/O. LATE MADNAVAN, MADHAVA NIVAS, P.O. KATALAYT,

KANNUR TALUK-678 997.

AJTTHA PRAKASH

&SED 62 YEARS

W/G LATE C.JAYAPRAKASH, MADNAVA NIVAS, P.O KATALAYS,
KANNUR, SFOGRy

VIPIN PRAKASH

AGED 42 YEARS

S/Q LATE C.JAYAPRAKSSH, MADHAVA NIVAS, P.O RATALAYT,
KANNUR, 678907

JITNHIN PRAKASH

AGED 38 YEARS

S/O LATE C.JAYAPRAKASN, MADNAVA NIVAS, P.O RATALAYT,
KANNUR, G7O007 (LEGAL HEIRS OF DECEASED APPELLANT
NO.1 ARE IMPLEADED AS ADDL APPELLANTS 3 TO 5 AS PER
ORDER DATED 64.04.2024 IN IA. 1/2024)

BY ADVS.
KRISHNAN

K.C. SANTHOSHKUMAR
Y.KRISHNANUNNT (SR. }
MR. MINT

R. PARTHASARATHY



ROA NO. S48 OF 2O18

baa

RAJESH V.NAIR

RESPONDENTS >

4 K.C.LALITHA
W/O. LATE €.N.NANDANAN, NALANDAS, NEAR SREE
NARAYANA COLLEGE, THOTTADA, KANNUR-67a 9@7.

2 SAPNA NAVEEN
AGED 33 YEARS
W/O. NAVEEN R.NATH, RESIDING AT FLAT NO. 263/GH-13,
PASCHIM VIHAR, NEW OELHI-ii8 oa.

3 SAINA VINOD
AGED 25 YEARS
W/O. VINOD KUMAR, 24-A, ALVARTHIRUNAGAR, CHENNAT-~
BOG 887.

4 ADDL. E.K.NANDINT,

W/O. LATE C.PHALGUNAN, HOUSE NO-4, RIDINA
QUARTERS, PARK ROAD, CHOVVA, KANNUR-ST60Q8.,
5 ADDL.SAJAY KUMAR C.,
S/0,LATE C.PHALGUNAN, HOUSE NO-4, RTJINA
QUARTERS, PARK ROAD, CHOVVA, KANNUR-G70006,
6 ADDL. SAGEENA SHAMITH,
B/O.LATE C.PHALGUNAN, HOUSE NO-4, RTJINA
QUARTERS, PARK ROAD, CHOVVA, KANNUR-s7 6008 .
? ADDL .SABEENA CH. ,
D/O.LATE C.PHALGUNAN, HOUSE NO-4, RIJTNA
QUARTERS, PARK ROAD, CHOVVA, KANNUR-S70006. (LEGAL
REPRESENTATIVES OF DECEASED 2ND APPELLANT TMPLEADED
AS ADDL.R4 TO RY AS PER ORDER DATED 92.86.2014 IN
TA. 2197/2014)
BY ADS.
SRI.MOWAN JACOB GEORGE
K.S. BHARATHAN
MOHAN JACOB GEORGE
PLY. PARVATHY (P44)
REENA THOMAS

THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSTON oN
84.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING ;


RSA NO. 348 OF 2OLS

K.BABU, J

AS. A No. 348 of 2013
Dated this the 4" day of April, 2024
JUDGMENT

The Regular Secand Appeal emanates fram the judgment and decree dated 18.12.2003 in O.5.No.205 of 2001 passed by the Principal Sub Court, Thalassery,

é. There were two appellants, who were the defendants in the suit. Both the original appeliants died, The legal representatives of appellant No.1 were not brought an record. The legal representatives of appellant No.2 gat themselves impleaced as additional respondent Nos.4 to 7, Additional respondent No.6 for and on behalf of respondent Nos.4 to 7 fled an affidavit stating that they do not intend to proceed with the appeal.

3. The legal representatives of appellant No.1 came up and got themsesives impleaded as additional aopelliant Nos.3 to5. The parties were referred to mediation, They settled the entire dispute before the mediator, A report fas been

submitted by the mediator stating that the matter has been

setied. The memorandum of agreement is appended to the report. The terms arrived at between the parties are lawful,

4. Since additional respondent Nos.4 to', who are the legal representatives of agpsilant No.2 abandoned their claim, they did not participate in the meciation, it js recorded that the entire matter has been settled, Hence, the Regular Second Appesl is dispased of recording the above mentioned agreement entered into between the parties, The memorandum of agreement attached to the report shall form part of the decree, The Execution Petition No.i52? of 2023 in 0.5.No.205/2001 shall be kept In abeyance as agreed between the parties for facilitating the fulfilment of terms of thie

compromise. Pending getitions, if any, stand closed,

Sd' » K. BABU JUDGE

ERNAKUL M ME TATION CENTRE {HIGH COURT MALL)

rvs "fiver, abi SE. Riph Sout Bund ng, Grnakul am, Kockhia2 {PNG RES-BSERI AD}

ee mo ee Detad

Front.

ediation Centre.

ree

oy ens i

Ba B

'The Registrar Uuiicial)- | Nigh Court of Kerala, Emakulam,

Sir,

Sub: Mediation of case referred t by the Hon'ble High Court of Kerala -

ses _of the Honorable igh Court 0 e Kerala.

gesniiocsnnston cece 200

Pam to forward herewith Report of the Mediator in the matter slong swith the enclosures for iyfarmation and necesaaty action,

Senire Fait

tify, "

OCHO

"serra cS

Nodal Officer, Er nakuiam Madiat] lan Caries

a . . wl | _ EACH i. Report of the Mediator, Settler NaN AGresMear

3. Copy of the referral ofder dated 4! Spf the High Court af Kerala.

3. Copy of the Pettion

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

x = we . oe Xs SS i. 428 cooky SS SS SoS

RS.A. No. S48 of 2078

i Jayaprakash & Diners : Apoicants ¥s,

AC Lalitha & Others 7 RESHONENHTS

PAD

REPORT SUBMITTED BY MEDIATOR ADV BT. GIRLIAN |

SR

Terms of Setiement attacter herewith,

Dated this the Ae" day of March, 2024.

sy eet ot iatory Centre

BEFORE THE HONOURABLE HIGH COURT OF KERALA

AY ERNAKULAM

vs. nae % oS ag ae wy con

RSA. No. 248 Qiepi3

C.Jayarrakash & Chhers . ADRICArTS Vs

&.0 Lathike & Others ' Respondents

88 OF THE CODE OF THE CIVIL PROCEDURE READ WITH RULES 24 OF ane

CIVIL. PROCEDURE (MEDIATION) RULES. 2008,

THe Dames above named submit as follows:

The aforesaid matier was referred t Adv PT. Girhan, Accregned Mediate make fam Mediation and Conciigton Cerxre for rasolving the disaut part in the course of mechation, ey have resolved their di ispute at nd have oe

SE le s he mater with the following terns and canditians:

a -enod

IAN e024, IA Nov2/s08d ard ES No S/SOs¢ have ne obiection in getting metitvoner Nos. to 3 (Aline Prakash, Vioin Prakash & Jithin Prakash) impleaded

as ACE ABORNENS ¢ 8 i) S im the above anosal alier condoning the delay and

i. Gdayaprakeash (Tied)

on

o2. CP haigunan(Died} 2. Sapna Naveen |

_ B® Adil. Afitha Prakash yey 3. Sana Vinod

> Pole Wind un Prakagyt One .

mre PN

§° Adel diy Prakash

Sp

a.

aoe

ay

The Resgonadent Nos. 1 fo 3 whe are the Original Risinuiis have es 8)

germ ihe Pettioners herein who are sought it be unt

3 fo & in oceuny the residential Building in the Pi

e

SUigss0e4 on condition ihat ths pehhonars herain fheing immesded as

Addl. Appellanis 3 to S} fo pay an amount of Rs. 1,00, 500/- rupees One lakh

amy} an or before 11/Od/20e4 to the 2S resocneent (KO Lathika} im the

wed

xEVE appeal an fer Bank Accoare CONC! Bank, Kannur Branch, Acogurn NO OUSTOToOsad IPSC - iC GOG018)) or io ther Course! appearing in the

Nonbie Nigh Oourt of Keres

The parties hereby agres that HW the petitioners (Add!Annellants 3 ta 5) fale te

fay the aforesaid amount on or before DLOd2024, they wil be fable to be

evicted forthwith iA

+

sey . gla as, wee of Bad ey tiouesaeen TS Be x coy. : - spot et es be, ee . } rhe petiioners Gidd) Angels 3 to S) unconditionally underlake to vacate the

regidenial Suleing an or Sefore SL/L2ff024 and urniertakes thal they wil be

din contiruation of the execution of the deerse passed by the

Thal Court in OS No. 205/200) of Subordinate Court, Thalassery without any

hey also undertake that they

Rates

Analicants Respondent Nos. 1 ta S i. SJayapreakask (iedi 2. KO Lathika

2. €.Phaigunan(Bigd) &. Sapna Naveen

¥° Add Ajitha Prakash &. Sajna Vinod

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2. Sapna N

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ag Herice Hyery ar

Dated this the 12" day of March, 2024,

= isy Prakeat®

Se hin

AES ayaprakash (Died)

a

Se

s

&. &.Phaigunan( fled}

a Badly

COMPOY: