Kerala High Court
M.Baburaj vs A.J.Kuriakose on 2 November, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
2024:KER:§1629
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONQURABLE MR, JUSTICE AATHISH NINAN
&
THER HONOURABLE MR. JUSTICE P. V. BALAKRISHNAN
SATURDAY, THE 28D paY OF NOVEMBER 2024 / 11TH KARTHIRA, 1946
EX.FA NO, 31 OF 2017
AGAINST THE ORDER DATED 14.07.2017 IN E.A.NO.42/2017 I8
E.P.NO.46/2015 IN O8 NO.78/2013 OF SUB COURT, THIRUVALLA
APPELLANT/ PETITIONER:
M.BABURAJ
§/O, PRABHAKARAN, ELAPPUNKAL HOUSE, PULLADU P.O., KOIPRAM
VILLAGE ,THIRUVALLA TALUK.
BY ADVS.
SRI.PIRAPPANCODE V.S.SUDHIR
SRI.JELSON J. EDAMPADAM
RESPONDENTS / COUNTER PETITIONER:
1 A.J. KURIAKOSE
S/O.JOSEPH, THAKIDIYIL HOUSE, PALLICKACHIRA P.0.,
PAIPPADU VILLAGE ,CHANGANACHERRY TALUK, KOTTAYAM
DISTRICT - 686 537.
2 PRAMOD
S/O.GOPALA PILLAI, AMPITHAZHATHETHIL HOUSE , PAIPPADU
P.O., PAIPPADU VILLAGE, CHANGANACHERRY TALU
K
DISTRICT - 686 537, , KOTTAYAM
BY ADVS.
N.ASHOK KUMAR
M.GOPIKRISHNAN NAMBIAR
JOSON MANAVALAN
KURYAN THOMAS
Scanned with ACE Scanner
MALLETS
2024: KER:81629
K.N. RADHAKRISHNAN (THIRUVALLA)
SHIBU JOSEPH
P. VISWANATHAN (SR.)
THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
02.11.2024,
gna
MOO OOOO OOOOH:
Scanned with ACE Scanner
AQ QC is S56oc5 BF ee
Sathish Ninan,
&
P.V.Balakrishnan, J1.
amen
wwe vee oe wer win mmm om pans ann ree gum oon fae ee OS ~
Se ee ee eee ee
spe eee wer wn pan so 0 cr ee sae oe et em OO Get Het
wn ee en a ee
pan A oe oe a
JUDGMENT
Sathish Ninan, J.
The parties have settled their disputes in mediation.
They have entered into a memorandum of agreement incorporating
the terms of settlement. The order impugned in this appeal is
set aside and the appeal is disposed of in terms of the
settlement. The memorandum of agreement will form part of this
judgment.
rsr
Sd/-
Sathish Ninan, Judge
Sd/-
P.V.Balakrishnan, Judge
Scanned with ACE Scanner
2024: KER152025
PETITIONER ANNEXURES
CERTIFIED COPY OF THE JUDGMENT OF THE
ADDITIONAL DISTRICT & SESSIONS JUDGE-TV,
PATHANAMTHITTA IN CRL.APPEAL NO.29/2621
Annexure RIIT
|
Annexure XIV THE ORIGINAL OF THE AGREEMENT DATED
O6.011,.2023 EXECUTED BY THR PETITIONER AS THE
IST PARTY, THE 2ND RESPONDENT, PRAMOD AS THE
SECOND PARTY AND THE 1ST PESPONDENT A.J.
RURIAKOSE AS THE 3RD PARTY.
Annexure XV THE COPY OF THE ENCUMBRANCE CERTIFICATE
DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE
REGISTRATION DEPARTMENT, PERTAINING TO THE
PROPERTY IN QUESTION FOR THE PERIOD FROM
01.01.2014 TO 05.03.2024
Scanned with ACE Scanner
IN THE HONOURABLE HIGH COURT KERALA AT
ERNAKULAM
M.Baburaj : Appellant
VS
A.j. Kuriakose & Anr. : Respondents
1EMORANDUM OF AGREEMENT UNDER SEC.89 OF THE CODE OF CIVIL SATION )
AD WITH RULE 24 AND 25 OF THE KERALA CIVIL PROCEDURE (MEDIATI
LES 2008
Subject matter of the dispute has been amicably settled between the parties on
ntervention of mediator under the following terms and conditions.
i.The appellant filed O.S.No.98/2013 before Sub Court, Thiruvaila an obtained
Decree for Rs.65,00,000/-(Rupees sixty five lakhs only) against the 1
respondent herein. The appellant agreed to settle the case by accepting
Rs.65,00,000/-(Rupees Sixty five lakhs only) from the 1° respondent towards
full and final settlement of the Decree in the aforesaid suit. Out of which the
2° respondent herein has already paid Rs.10,00,000/- (Rupees Ten lakhs only)
to the appellant on 02-09-2024 for and on behalf of the 15* respondent.
2.The 1* respondent undertakes to pay balance amount of Rs.55 lakhs( Rupees
Fifty five lakhs only) to the appellant within 3 months.On such payment within
the time agreed, the entire decree liability will stand discharged. Till such time
the aforesaid amount will operate as a charge over the subject matter
property,
3.1t is further agreed that in E.PNo.61 of 2015 in O.5.N0.98 of 2013, pending
before the Hon'ble Sub Court, Thiruvalla will stand withdrawn as closed on
_ discharging the entire liability by payment of the entire Decree debt as
agreed.
Appellant Respondents
LAJ.Kuriak hy --4be
ose ; Gassian
2.Pramod --\-- "
i
1.M.Baburaj
Scanned with ACE Scanner
4 Since the second respondent has paid Rs.10,00,000/-(Rupees Ten lakhs oy
on behalf of the 1" respondent as mututally agreed, the 1" ane "terest
agreed to pay back Rs.10,00,000/-(Rupees ten lakhs only) along wil the 3
at the rate of 12% per annum within a period of 3 months to
respondent.
5.In case of non-payment of the amount by the 1° respondent, within the
agreed time, the 1* respondent has further agreed not to make any further
claims whatsoever in the subject matter, namely the multi-stored building
measureing 2700 Sq.feet vide on land measureing 1 Are 65 sq.meter situated
in Block No.113, Re.Survey No.31 of Thiruvalla Village, of the disputes and he
will withdraw from the party-array on the basis of the agreement dated 25-11-
2023 executed between the respondents 1 and 2, in which the appellant is not
a party.
Gin case of non-payment of the balance amount agreed upon by the 1°
respondent, the 2"° respondent has agreed to sell the property with the
consent of the appellant and pay the balance due to the appellant on behalf
of the 1° respondent . Out of a base/floor sale consideration of the property at
Rs.1,60,00,000/-(Rupees one Crores Sixty Lakhs only) that was agreed
between the appellant and the 2™ respondent, the appellant is entitled to
receive an amount of Rs.55,00,000/-(Rupees Fifty Five lakhs only) lf any excess
amount is received, that the said excess amount shall be shared in the ratio of
60:40 between the 2 respondent and the appellant respectively.
7. It is mutually agreed by the respondents that the 2°¢ respondent shai!
convey the property mentioned herein before to the first respondent on his
making the balance amount of Rs.55,00,000/-(Rupees Fifty five lakhs only} to
the appellant and Rs.1,05,00,000/-(Rupees One Crores Five Lakhs only) to
second respondent along with interest of Rs.10,00,000/-(Rupees ten lakhs
only) which has been already advanced to the 1* respondent within the
Stipulated time as stated para 5 of this agreement,
Appellant Respondents
L.M.Baburaj fon
uraj ie LAJ.Kuriakose_ (PW --
. tae Vey 2.Pramod a,
ha. ec
Scanned with ACE Scanner
perty.
8. The 2" respondent shall not unilateraly alienate or encumber the pro the
The 2™ respondent can not rent out the building only with
consent/knowledge of the appellant.
Q.if any proposed buyer gives any advance amount, the 2™ respondent on
receipt of the amount shall transfer such amount to the appellant towards his
lability, if sale not takes place thereafter the appellant shall return the amount
of received.
10 In case the 1 respondent pays the entire agreed amount to the appellant
on or before 1°* December, 2024, time for payment of the amount payable to
the 2" respondent shall stand extended for a further period of 3 months and in
case of failure of payments as agreed this clause will become inoperative.
11.The Ex.f.4.31/2017 can be disposed of as per the terms of this settlement
agreement.
Dated this the 2nd day of September, 2024
Appellant Respondents
_ 1.M.Baburaj 1.AJ.Kuriakose bafoor
» f nn eae
1) 2.Pramod a
Counsel Or appellant Counsel for the 1° & 2nd respondents
fa _ 7 eG ;
é hoa Coy ' peg ado Ad
4/8 Jone' -- Uc front] 94
ROMANE GOANT bed Recllrelerithne
This settlement agreement is authenticated by me Ceun fe] * 2 aprde
Bal raman
(Mediator)
Scanned with ACE Scanner
