Kerala High Court
Sunil vs Anitha Prasad on 5 April, 2024
IN THE HIGH cOuRT oF KERAILA AT ERNAKulnM
PRESENT
THE HONOURABIiE MR..USTICE C. IAYACHANDRAN
FRIDAY, THE 5" DAY 0F APRII- 2024 / 16TH CHAITHRA, 1946
RSA NO. 1234 0F 2018
AGAINST THE OREER/auDCRENT DATED 21.o3.2ol8 IN As NO.127 OF 2oil OF Ill
ADDITI0NAI. DISTRICT COURT, THRISSUR / 11 ADDITI0NAI. MACT, THRISSUR
ARlslNG OuT OF THE OREER/.uDcaHNT DATED 2o.oi.2oii IN Os NO.99 OF 2oog OF
ASSISTANT SESSIONS COURT/II ADDITIONAL SUB COURT,THRISSUR
APPEI|LANT/2nd APPELLANT/ 4th DEFENDANT :
SENIL,
AGED 54 YEARS
s/O MARATH PADMANABHAN , EDAMUTTAM DEsOM,VIilnppAD
VILILAGE , CHAVAKKAD TAIIUK.
8¥ anvs.
SRI . K . a . GENGESH
SMT.ATHIRA A.MENON
RESPONDENTS/RESPONDENTS/PIAINTIFFS/DEFENDANTS 2 , 3 & 5 :
1 ANITHA PRASAD ,
AGED 61 YEARS, W/O KEEZHARAYIII PRASAD,MEI.OOR
vll,IAGE ,MtrKUNDApuRm4 TALUK-68o 311.
MITHU SURESH,
AGED 34 YEARS, S/O ANITHA W/O KEEZHARAYII. PRASAD,MEII00R
VILIAGE ,MUKUNDAPURAM TALUK-680 311.
K.N. PRASAD , S/O.NARAYANAN,AGED 75 YEARS ,REEZHARAYIL
HousE ,MELUR NEAR, sANTHlpuRAM cEruRCH, plN-68o 311,THRlssuR
DISTRICT. (RESPONDENT NO.2 IS PERMITTED T0 REPRESENT THROUGH
POWER OF ATTORNEY HOIIDER AS PER OREER DATED 02.11.2022 IN
IA.1/2022 IN RSA.1234/2018.)
ELITHA,
AGED 62 YEARS
w/o MOHAN RAM AND D/o RATE pADMnNABHAN,cHULLlpARaell,
VEEDU,VASENTHA NACIAR, PATTUAIKKAL, THRISSUR 680022.
VASENTHA,
AGED 60 YEARS
D/0 I,ATE MARATH PADENABHEN , EI)AMUTTAM DESOM,VAliAPPAD
VILILAGE ,CHAVAKKAI) TAI.tJK 680 567
RAJESH ,
AGED 53 YEARS
S/O VEILAI{KATT RZD4AN , EDAMUTTAM DESOM,VAIAPPAD
VILIAGE ,CHAVAKKAD TAI.UK 680 567
BY ADVS .
C . P . JYOTHY
P . dAYABAI. MENON
AMAI. S KUMAR
REKHA AGABimL
AdmL Am4EI] RABIyoDA
THIS REcOI.AR SECOND APPEAII HAVING COME UP FOR ADMISSION 0N
05 . 04 . 2024 , THE couRT oN THE sAin DAY DELlvERED THE For,I.owlNG:
R.S.A.No. 1234 of 2018
• .2. .
JUDGMENT
Dated this the 5th dry of April, 2024
Heard the learned counsel for the appellant,
respondents 1 and 2, and also the respondents 3
and 4.
2. All the learned counsel would submit that, the
matter has been amicably settled by and between
the parties and a joint compromise petition has
been filed. The learned counsel are at ac± idea in
their submission that, the impugned decree has to
be set aside and the parties should be lef t to be
governed by the terms of the compromise, as
envisaged in the compromise petition.
3. In the circumstances, this R.S.A. is allowed
and the impugned judgment and decree of th-e trial
court as confi]rmed by the First Appellate Court
• .3. .
and will stand set aside. The parties will take
their shares or money in lieu thereof in accord
with the compromise entered into by and between
the parties. The compromise petition will form
part of this judgment.
sd/-
C. TAYACHANDRAN
JTDGE
TR
BEFORE THE HONOURABLE HIGH COURT OF
I(ERALA AT ERNAKULAM
Sunil Appellant
Vs.
Anitha Prasad & Ors Respondents
REPORT SUBMITTED BY THE MEDIATOR
ADV. GEORGE MERLO PALLATH
Mediated, matter is settled.
Terms and conditions are attached herewith.
Dated this the llth day of September, 2023.
. ,-`1
Adv. George Merlo Pallath
Mediator
Ernakulam Mediation Centre
BEFORE HON'BLE HIGH COURT OF KERALA, ERNAKULAM
Sunil Appellant
Vs.
Anitha Prasad & Ors Respondents
COMPROMISE AGREEMENT
All disputes between the appellant and the respondents
involved in the above Regular Second Appeal have been fully
and finally settled between the parties on the following terms:
1. Parties acknowledge the fact that portions of plaint
schedule properties have been acquired for development
of National Highway 66 for which compensation has been
awarded by Special Deputy Collector and Competent
Authority (LA), NH 66, Kodungallur on 06.05.2022 as per
Order Nos. D2-VPD/ 005673/2021, D2-VPD/005671/2021
and D2-VPD/ 005702/2021 and that in the light of the
dispute pending between the parties in the above Regular
Second Appeal, the competent authority has deposited
the award amount as per orders referred to above before
|||rd Additional District Court, Thrissur in LAR NoS.
45/2022, 46/2022 and 47/2022 and the award amount
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stills remains in court deposit in the aforesaid
proceedings.
2. The parties have agreed between themselves that out of
the court deposit in LAR Nos. 45, 46 and 47 /2022 before
|||rd Additional District Court, Thrissur as mentioned in
Clause No. 1 above, the lst respondent is entitled to
receive an amount of Rs. 50,00,000/- (Rs. 50 Lakhs) as
her share. Likewise the 2nd respondent shall be entitled to
receive an amount of Rs. 50,00,000/-(Rs. 50 Lakhs) from
the award amount mentioned in Clause No. 1 above and
remaining in court deposit in LAR Nos. 45, 46 and 47
/2022 before IIIrd Additional District Court, Thrissur as his
share.
3. Respondents 3 and 4 shall be entitled to receive an
amount of Rs. 75,00,000/- (Rs. 75 Lakhs) each from the
award amount mentioned in clause No. 1 above and
remaining in court deposit in LAR Nos. 45, 46 and 47
/2022 before lllrd Additional District Court, Thrissur as
their respective shares.
4. Subject to Clause Nos. 1 to 3 as above, balance amount
remaining in court deposit in LAR Nos. 45, 46 and 47
/2022 before lIIrd Additional District Court, Thrissur shall
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be entitled to be withdrawn by the appellant.
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5. Parties agree to execute and file necessary petitions/
applications/ consents jointly or severally before any court
of law or authority as found necessary for fulfilling the
terms contained in Clauses 1 to 4 of this agreement.
6. Subject to Clause Nos. 1 to 5 above, the respondents
hereby affirm that Ext 82 will dated 02.11.1973 which is
registered in Valappad SRO as per document No.
19/1973 is the last will of late M A Padmanabhan and the
same was executed by him freely and voluntarily, out of
his own volition with sound testamentary and disposing
capacity.
7. Respondents also affirm that Document No. 14 /2008
dated 08.02.2008 of Thrissur SRO is the last will
executed by late K G Dhakshayani and that the same has
been executed by her freely and voluntarily, out of her
own volition with sound testamentary and disposing
capacity.
8. Respondents undertake to execute and register individual
release deeds in favour of the appellant in respect of the
properties covered by this agreement within 30 days from
the date of order of release of their respective shares of
court deposits by lllrd Additional District Court, Thrissur in
LAR Nos. 45, 46 and 47 /2022 as mentioned in Clause
Nos. 1 to 3 of this agreement. Expenses for preparation
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and registration of release deeds as above shall be borne
in by the appellant.
9. The respondents expressly agree that they will not raise
any claim whatsoever in future in respect of any of the
properties left behind by late M A Padmanabhan and late
K G Dhakshayani. The appellant shall be entitled for full
title, ownership and possession of the same exclusively.
10. The parties hereby affirm that in case of any violation of
any of the terms mentioned above is committed by any of
the parties, the aggrieved party will be entitled to file
execution petition to enforce the terms of this compromise
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This Hon'ble Court may be pleased to accept the
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above terms of agreement between the parties and
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dispose of the above Regular Second Appeal based on
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the aforesaid terms and conditions.
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