Kerala High Court
Veyam Veettil Moideen Kunhi vs Thaikandy Valiya Purayil Suhara Umma on 1 November, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
aa 'ay
2024:KER: 81335
RFA NO. 84a? OF 27017
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 1°' DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
RFA NO, 842 OF 2012
AGAINST THE JUDGMENT AND DECREE IN 0.S.No.113 oF 2005
ON THE FILE OF ADDITIONAL SUB COURT, THALASSERY DATED
12.04.2012
APPELLANTS /PLAINTIFFS :
1 VEYAM VEETTIL MOIDEEN KUNHI (DIED}
AGED 64 YEARS
$/O.BUSSAIN, RETIRED TEACHER, RESIDING AT
"SAGEEGHAR" THIRUVANGAD AMSOM DESOM, THALASSERY
TALURK, KANNUR DISTRICT, 670103.
* if IS RECORDED THAT THE SOLE APPELLANT DIED VIDE
ORDER DATED 19.2.15 IN MEMO DATED 13.02.2019
*ADDL.A2 JAMEELA FP.
AGED 60 YEARS
W/O. VEYAM VEETTIL MOIDEEN KUNHI, RESIDING AT
"SAGERG " {H), THIRUVANGAD AMSOM DESOM,
THALASSERY TALUR, KANNUR DISTRICT-670 103.
THIRUVANAGAD P.O.
*ADDL.A3 SHAMEER P.
AGED 45 YEARS
8/0. VEXYAM VEETTIL MOIDEEN KUNEI, RESIDING AT
"SAGEEGHAR" {H), THIRUVANGAD AMSOM DESOM,
THALASSZRY TALUR, KANNUR DISTRICT-670 103.
THIRUVANAGAD P.O.
*ADDL.AI MUNEER F.
AGED 43 YEARS
W/O. VEYAM VEETTIL MOIDEEN KUNHI, RESIDING AT
RFA NO. 842 OF 2012
*ADDEL.AS5
*ADDL.AG
*ADDL .AT
2
"SAGEEGHAR" (H), THIRUVANGAD AMSOM DESOM,
TEALASSERY TALORK, KANNUR DISTRICT-670 103.
THIRUVANAGAD P.O.
NAZEER F.
AGED 39 YEARS
3/0. VEYAM VEETTIL MOIDEEN KUNHEI, RESIDING AT
"SAGEEGHAR" (H), THIRUVANGAD AMSOM DESCH,
THALASSERY TALOR, KANNUR DISTRICT-670 103.
THIROVANAGAD P.O.
SAJEER P.
AGED 36 YEARS .
S/O, VEYAM VEETTIL MOIDEEN KUNHI, RESIDING AT
"SAGEEGHAR" (H), THIRUVANGAD AMSOM DESOM,
THALASSERY TALUK, KANNUR DISTRICT-670 103.
THIRUVANAGAD P.0.
NIZAMUDHEEN P.,
AGED 20 YEARS
$/O. VEYAM VEETTIL MOIDEEN KUNHI, RESIDING AT
"SAGEEGHAR" (H,) THIRUVANGAD AMSOM DESOM,
THALASSERY TALURK, KANNUR DISTRICT-670 103.
THIRUVANAGAD P.O.
* THE LEGAL HEIRS OF THE DECEASED SOLE APPELLANT
ARE IMPLEADED IN THE PARTY ARRAY AS ADDITIONAL
APPELLANTS No.A2 TO A7 VIDE ORDER DATED 02.12.2020
IN 1.A.No.1 OF 2019.
BY ADVS.
T.P.SAJID
SHIFA LATHEEF
K.P.MOHAMED SHAFT
SREESHMA BE. CHANDRAN
MUHAMMED HAROON A.N.
HASEARURAHIMAN U.
MOREMED FAVAS
Pipes ca a
2024.KER: 61335
RFA NO. 842 OF 2012
3
RESPONDENTS /DEFENDANTS :
1 THAIKANDY VALIYA PURAYIL SUBARA Ua
*ADDL.R2
AGED 62 YEARS
D/O.HASSAN HAJI, SHAMEEMA MANZIL, EDAKKANDY
VALAPPIL, THALASSERY AMSOM, VADIKKAKAM DESCHM, F.C.
TEMPLE GATE, TEALASSERY TALUK, KANNUR DISTRICT. 670
103.
RENJITHA,.P.¥
W/O PRAJOD K. P,GURUKRIPA, TEMPLE ROAD , THALASSERY
-670102
* IS IMPLEADED ADDITICNAL RESPONDENT NO.2 IN THE
APPEAL VIDE ORDER DATED 04/04/2024 IN I.A. 1/2021.
BY ADVS .
R.B.PRADEEP
RASHEED C.NOORANAD
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY BEARD ON
Q1.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RFA NO. 842 OF 2012
4
T.R. RAVI, J.
RFA. No, 842 of 2012
Dated this the i* day of November, 2024
JUDGMENT
When the case is taken up today, it is submitted that
alter the matter was sent for mediation, the disputes have
been settled.
In view of the settlement arrived at, this appeal is
disposed of in terms of settlement. The memorandum of
settlement shall form part of the judgment and decree. The
parties shall abide by the terms of the settlement. There will
be a direction to refund the full court fee to the appellants.
Sd/-
T.R.RAVY
JUDGE
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
R.F.A, No, 842 of 2012
Jameetla P & Others : Appellants
Vs.
Thaikandy Valiya Purayil Respondents
Suhara Umma & Another
MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 85 OF THE CODE OF
CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE
(ALTERNATIVE DISPUTE RESOLUTION}, RULES, 2008:
Both the parties agree to settle their case amicably in the following terms and
conditions:
1. The respondents are ready to pay Rs.3,50,000/-(Rupees Three lakhs fifty
thousand only) apart from the amount deposited before the Additional Sub Court,
Thalassery(Deposited on 3/4/2019 in O.S.N0.113/2005) as full and final
settlement to close RFA No.842/2012 filed by the appellants.
2, The respondents have no objection ta withdraw the amount deposited before the
Addl.Sub Coun, Thalassery on 3/4/2019 in O.5.Ne0.113/2005, The appellants are
gree to withdraw the said amount to fulfil the terms of mediaiten.
3. The additional respandent No.2 has agreed to pay the amour of Rs.3,56,000/-
(Rupees Three lakhs fifty thousand only} on or before the 15/07/2024.
4. The appellants have anymore claim or dispute with regard to plaint schedule
property.
5. Both the parties are agreed ta withdraw all cases pending if any, before any of
the courts on or before 15/7/2024.
Petitioners Respondents
1 Jameela P. 1. Thaikandy Valiva Purayi) Suhara Umma
2,Shameer P. tte -*
3.Muneer P. 2.Ranjitha P.V.
4 Nazeer P.
§.Sajeer P.
6.Nizamudheen P.
ty
& The Additional second respondent has agreed to pay the amount of
re
R5.3,50,000/-(Rs.3,50,000/-(Rupees three lakhs fifty thousand oniy)Three lakhs
fifty thousand onty) on or before 15/7/2024 to the appellants either by way of
Demand Draft or by paying cash and the appellant shall issue receipts for the
Same.
Eligible court fee may be refunded to appellants.
Dated this the 29" day of May, 2024.
Petitioners Respondents
1Jameela P. 1. Thaikandy Valiya Purayil Suhara Umma
2.Shameer P. «ee
3. Muneer P. 2.Ranjitha PV. fap
4,Nazeer P. ~ *
5.Sajeer P.
6.Nizamudheen P.
Counsel for the Appetlants Counsel for the Respondents
This settlement agreement ts authenticated by me.
Albert Jaseph
(Mediator)
