Kerala High Court

Shibu vs Shanvio Marketing Associate Pvt.Ltd on 2 November, 2024

LLL

]
IN THE HIGH COURT OF KERALA AT BRNAKULAM
PRESENT
TRE HONOURABLE MR. JUSTICE SATHISH WINAN
&

THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

SATURDAY, THE 2%° pay OF NOVEMBER 2024 / 11TH KARTHIKA, 1946

RFA NO. 323 OF 2016

AGAINST THE JUDGMENT DATED 30.09.2015 IN OS NO.229 OF 2011 OF

THE SUB COURT, KATTAPPANA

APPELLANTS :~DEFENDANTS 1 TO 4:

i SUKUMARAN
AGED 48 YEARS
S/O KUTTAN, AGED 48 YEARS, THEKKEDATHU HOUSE, POTTANKADU
KARA, 20 ACRE BHAGAM,BISON VALLEY, DEVIKULAM
TALUK ,IDUKKI DISTRICT-685618

2 MANOBARAN
S/O GOVINDAN, AGED 48 YEARS ,MUNDAKKAL HOUSE, POTTANKADU

KARA,20 ACRE BHAGAM, BISON VALLEY, DEVIKULAM
TALUK,IDUKKI DISTRICT -685618

3 SHAIJU
S/O GOPI, AGED 32 YEARS, THEKKEMURIYIL HOUSE,
KURISUPARA KARA, ,ANAVIRATTY VILLAGE, DEVIKULAM
TALUK,IDUKKI DISTRICT~685618

4 LAMBODHARAN
AGED 60 YEARS
S/O MADHAVAN, AGED 60 YEARS ,MUNDAKKAL HOUSE,
POTTANKADUKARA,20 ACRE BHAGAM , BISON VALLEY, DEVIKULAM
TALUK, IDUKKI DISTRICT-685618

BY ADVS.
SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN

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RESPONDENT: -PLAINTIFFS AND STH DEFENDANT :

1 JACOB CHACKO
S/O P.M.CHACKO, AGED 46 YEARS ,ANI VILLA, THUKULASSERY ,

THIRUVALLA-689101 (DIED)

2 DR.STEPHEN CHACKO,
S/O P.M.CHACKO. AGED 39 YEARS,ANI VILLA, THUKULASSERY ,

THIRUVALLA, REP. BY POWER OF ATTORNEY HOLDER JACOB
CHACKO,S/O P.M.CHACKO, ANI VILLA,
THUKULASSERY , THIRUVALLA-689101

3 [SHANVIO MARKETING ASSOCIATES PVT. LTD
MANUELSON ISLAND CASTLE,SHENOYS JN. M.G ROAD, COCHIN-

682 011] DELETED***

ADDL.R4 ALEYAMMA JACOB, AGED 54 YEARS,
W/O. JACOB CHACKO, PANDIYALIL ANI VILLA, THUKALASSERRY,

THIRUVALLA, PATHANAMTHITTA-689101

ADDL.R5 JOEL JACOB CHACKO (MINOR), AGED 14 YEARS,
$/O. JACOB CHACKO, PANDIYALIL ANI VILLA, THUKALASSERRY,

THIRUVALLA, PATHANAMTHITTA - 689101 REPRESENTED BY
MOTHER ALEYAMMA JACOB, AGED 54 YEARS, PANDIYALIL ANI
VILLA, THUKALASSERRY, THIRUVALLA, PATHANAMTHITTA-689101

ADDL.R6 JOANNA LIZBETH JACOB (MINOR)
D/O. JACOB CHACKO, PANDIYALIL ANI VILLA, THUKALASSERRY,
THIRUVALLA, PATHANAMTHITTA - 689101 REPRESENTED BY
MOTHER ALEYAMMA JACOB, AGED 54 YEARS, PANDIYALIL ANI
VILLA, THUKALASSERRY, THIRUVALLA, PATHANAMTHITTA-689101
LEGAL HEIRS OF DECEASED 1ST RESPONDENT ARE IMPLEADED AS
ADDITIONAL RESPONDENTS 4 TO 6 VIDE ORDER DATED
14/12/2023 IN IA 1/2023.

**IT IS RECORDEDF THAT THE 4TH RESPONDENT REPRESENTS
THE 5TH AND 6TH RESPONDENTS AS PER ORDER DATED
23/09/2024 IN IA.NO.2/2024

***THE 3RD RESPONDENT IS DELETED FROM THE PARTY ARRAY
VIDE ORDER DATED 26/09/2024 IN IA 4/2024.

BY ADVS.
A.C. DEVASIA

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ESS eR oir

B.S.SURESH (CHIRAKKARA)
SRI.TACOB CHACKO

SRI.C.A. JOJO

SRI.THAMPAN THOMAS
SRI.S.VIDYASAGAR

MATHEW JOSEPH

B.V.JOY SANKAR (K/1195/1995}
N.A.SHAJI (K/000488/1993)}
MATHEWS JOSEPH (K/715/2013)
HASEEWA A.A. (K/003448/2022)
GEORGE JOSEPH (ITTANKULANGARA) (K/638/1997)
E.SUdUITH KUMAR (K/452/2005)

THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON
02.11.2024, ALONG WITH RFA.709/2012, 342/2016, THE COURT ON THE
SAME DAY DELIVERED TRE FOLLOWING:

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2024:KER:91634

TN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

SATURDAY, THE 2"° DAY OF NOVEMBER 2024 / 11TH KARTHIRA, 1946

RFA NO. 709 OF 2012

AGAINST THE JUDGMENT AND DECREE DATED 13-04-2012 IN OS NO.2793

OF 2009 OF SUB COURT, KATTAPPANA

APPELLANT (PLAINTIFF IN THE LOWER COURT) :

SHIBUO

§$/O.KUNJUANPILLAI, PULLENPLAVIL HOUSE, POTTANCADU KARA,
BATSON VALLEY VILLAGE.

BY ADVS.

SRI.S.VINOD BHAT
SRI.LEGITH T.KOTTAKKAL
SRI .M.K.THANKAPPAN

RESPONDENTS (DEFENDANTS IN THE LOWER COURT};

1 SHANVIO MARKETING ASSOCIATE PVT.LTD.
MANUELSON ISLAND CASTLE, SHENOY'S JUNCTION, M.G.ROAD,
KOCHI-682011, REPRESENTED BY ITS DIRECTOR, GEORGE, S/O.
SEBASTIAN, PULLATHU HOUSE, MURIKKINTHOTTY KARA,

KULAPARACHAL P.O. RAGAKUMARI VILLAGE, UDUMBANCHOLA
TALUK, PIN 685619.

2 JACOB CHACKO (DIED)

S/O. P.M.CHACKO, PANDIYALIL ANI VILLA, THUKKALASSERY
KARA, THIRUVILA VILLAGE, THIRUVALLA~689101.

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3 STEPHEN CHACKO
S/O.P.M.CBACKO, PANDIYALIL ANT VILLA, THUKKALASSERY
KARA, THIRUVILLA VILLAGE, THIRUVALLA~689 101.

ADDL,R@ ALEYAMMA JACOB, AGED 54 YEARS,
W/O JACOR CHACKO, PANDIYALIL ANI VILLA, THUKALASSERRY,
THIRUVALLA, PATHANAMTHITTA DISTRICT. PIN 689161

ADDL.RS JOEL JACOR CHACKO, AGED 14 YEARS (MINOR)
$/O JACOB CHACKO, REPRESENTED BY HIS GUARDIAN AND
MOTHER ALEYAMMA JACOB, AGED 54 YEARS, W/O JACOB CHACKO,
PANDIYALIL ANI VILLA, THUKALASSERRY,
THIRUVALLA, PATHANAMTHITTA DISTRICT. PIN 689101

ADDL.RG JOANNA LISBETH JACOB, AGED 9 YEARS (MINOR),
D/O JACOB CHACKO, REPRESENTED BY HER GUARDIAN AND
MOTHER ALEYAMMA JACOB, AGED 54 YEARS, W/O JACOB CHACKO,
PANDIYALIL ANI VILLA, THUKALASSERRY, THIRUVALLA,
PATHANAMTHITTA DISTRICT. PIN 689101

ADDITIONAL RESPONDENTS 4 TO 6 ARE IMPLEADED BEING THE
LEGAL HEIRS OF THE DECEASED 2ND RESPONDENT VIDE ORDER
DATED 13/09/2024 IN I.A. 1/2023 IN RFA 7009/2012.

IT IS RECORDED THAT ADDITIONAL RESPONDENT NO 4 IS
APPOINTED AS THE LEGAL GUARDIAN OF THE ADDITIONAL
RESPONDENTS 5 AND 6 VIDE ORDER DATED 25/09/2024 IN
I.A.1 OF 2024 IN RFA 709/2012.

RESPONDENT NO 1 IS DELETED FROM THE PARTY ARRAY AS PER
ORDER DATED 25/09/2024 IN I.A.2/2024 IN RFA 709/2012.

BY ADVS.

SRI.JACOB CHACKO

SKI.B.V.JOY SANKER
A.C.DEVASTA

MATHEWS JOSEPH

N.A.SHAJT

GEORGE JOSEPH (ITTANKULANGARA)
P.BUITTH KUMAR

THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON
02.11.2024, ALONG WITH RFA.323/2016 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:

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AQ iS.

é

IN THE HIGH COURT OF KERALA AT RRNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SATHISH NINAN

&

THE HONOURABLE MR. JUSTICE P. V. BALAKRISHNAN

SATURDAY, THE 2° DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946

RFA NO. 342 OF 2016

AGAINST THE JUDGMENT DATED 30.09.2015 IN OS NO.229 OF 2011 OF

SUB COURT, KATTAPPANA

APPELLANTS :-DEFENDANTS 2 TO 4:

a SUKUMARAN
s/O. KUTTAN, AGED 48 YEARS, THEKKEDATHU HOUSE,

POTTANKADU KARA, 20 ACRE BHAGAM, BISON VALLEY,
DEVIKULAM TALUK, IDUKKI DISTRICT-~685618

2 MANOHARAN
§/O. GOVINDAN, AGED 48 YEARS, MUNDAKKAL HOUSE,

POTTANKADU KARA, 20 ACRE BHAGAM, BISON VALLEY,
DEVIKULAM TALUK, IDUKKI DISTRICT-685618

3 SHATIUJU
g/O. GOPI, AGED 32 YEARS, THEKKEMURIYIL HOUSE,
KURISUPARA KARA, ANAVIRATTY VILLAGE, DEVIKULAM TALUK,

IDUKKI DISTRICT-685618

4 LAMBODHARAN
s/O. MADHAVAN, AGED 60 YEARS, MUNDAKKAL HOUSE,
POTTANKADU KARA, 20 ACRE BHAGAM, BISON VALLEY,
DEVIKULAM TALUK, IDUKKI DISTRICT-685618

BY ADVS.
SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN

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OUU TOTAL igs

RESPONDENTS :-PLAINTIFFS AND 5TH DEFENDANT:

a

ADDL .R4

JACOB CHACKO
S/O. P.M CHACKO, AGED 46 YEARS, ANI VILLA THUKULASSERY,
THIRUVALLA-689101 (DIED)

DR. STEPHEN CHACKO

S/O. P.M. CHACKO, AGED 39 YEARS, ANI VILLA,
THUKULASSERY, THIRUVALLA, REPRESENTED BY POWER OF
ATTORNEY HOLDER JACOB CHACKO, S/O. P.M. CHACKO, ANI
VILLA, THUKULASSERY THIRUVALLA-~689101

[SHANVIO MARKETING ASSOCIATES PVT. LTD.
MANUELSON ISLAND CASTLE SHENOYS JN. M.G.ROAD, COCHIN-
682011] DELETED***

ALEYAMMA JACOB, AGED 54 YEARS,
w/O. JACOB CHACKO, PANDIYALIL ANI VILLA, THUKALASSERRY,
THIRUVALLA, PATHANAMTHITTA -689101

JOEL JACOB CHACKO (MINOR) ,

AGED 14 YEARS, S/O. JACOB CHACKO, PANDIYALIL ANI VILLA,
THUKALASSERRY, THIRUVALLA, PATHANAMTHITTA - 689101
REPRESENTED BY MOTHER ALEYAMMA JACOB, AGED 54 YEARS,
PANDIYALIL ANI VILLA, THUKALASSERRY, THIRUVALLA,
PATHANAMTHITTA-689101

JOANNA LIZBETH JACOB (MINOR) ,

AGED 9 YEARS, D/O. JACOB CHACKO, PANDIYALIL ANI VILLA,
THUKALASSERRY, THIRUVALLA, PATHANAMTHITTA ~ 689101
REPRESENTED BY MOTHER ALEYAMMA JACOB, AGED 54 YEARS,
PANDIYALIL ANI VILLA, THUKALASSERRY, THIRUVALLA,
PATHANAMTHITTA~689101

[THE LEGAL HEIRS OF THE DECEASED Ril ARE IMPLEADED AS

ADDL.R4 TO R6 VIDE ORDER DATED 14.12.2023 IN IA 1/2023]

**IT IS RECORDED THAT THE 4TH RESPONDENT REPRESENTS THE
5TH AND 6TH RESPONDENTS AS PER ORDER DATED 23/9/2024 IN

IA.NO.2/2024.

***THE 3RD RESPONDENT IS DELTED FROM THE PARTY ARRAY
VIDE ORDER DATED 26/09/2024 IN IA 4/2024.

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u

BY ADVS.

B.8,
SRI
SRI.
SRI
SRI.
SRI.
B.V.
N.A.

SURESH (CHIRAKKARA)

.A.C . DEVASTIA

JACOB CHACKO

.C.A.7OgQ

THAMPAN THOMAS

§ . VIDYASAGAR

JOY SANKAR (K/1195/1995)
SHATI (K/000488/1993)

MATHEWS JOSEPH (K/715/2013)
GEORGE JOSEPH (ITTANKULANGARA) (K/638/1997)
P.SUJITH KUMAR (K/452/2005)
HASEENA A.A. (K/003448/2022)

TRIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON

02.11.2024, ALONG WITH RFA, 323/2016 AND CONNECTED CASES, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING :

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2024:KER:81634

9

Sathish Ninan,
&
P.V.Balakrishnan, JJ.

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toon Jour fone ee sme nas Amn ANE ES SOE SS San FER Ree Meet See Ok Pe He ee AM SAR uN oS ER 7A

Dated this the 2% day of November, 2024
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 decree and judgment impugned in this appeal are set aside and judgment is passed in terms of the settlement. The memorandum of agreement will form part of this judgment.

Registry to send back the trial court records. The court fee paid on the memorandum of appeal shall be

refunded to the counsel for the appellants.

Sd/-

Sathish Ninan, Judge

Sd/-

P.V.Balakrishnan, Judge rsr

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REA Nos, 323 of 2016, 342 of 2016.& 209 of 2012.

Sukumaran & Others : Appellants

Ys.

Jaceb Chacko & Others : Respondents

Mediated Settlement Agreement

MEMORANDRUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:

The parties have agreed to settle all the claim on the following terms and conditions.

i. The Respondents admit the title and possession of the appellants over the plaint scheduled properties in OS.No.229/2011 of the Sub Court, Kattapana and further

undertakes not to stake any claim whatsoever over the above Said properties herein after.

F. : & f 201 Appellants Respondent

1. Sukumaran 7A rer) 1. Jacob Chacko (Died)

2.Mancharan

2. DrStephen Chacko

3.Shalju 3. Shanvie Marketing Associates

: Pytitd (Deleted) Ee wnt 4, Lambodharan Addi. R4 Aleyamma jacob Ah - Addl.R5 Joel Jacob (minor) _ Rep by mother Aleyamma Jacob Pp Add. R6 Joanna Lizbeth Jacob {minor}

Rep by mother Aleyamma Jacob al gor

Appellant - Shibu

Anpetint Shiba 6

Respondents - 1. Shanvio Marketing Associates Pyt Ltg (Deleted)

2. Jacob Chacko (Died}

3. Stephen Chacko J, Addi. R4 Aleyamma Jacob Aleggmn ne Addi.R5 joel jacob (minor)

Rep by mother Aleyamma Jacob

Addl.R6 Joanna Lizbeth Jacob (minor) Rep by mother Aleyamma facob

aac eae

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2. The respondents agree ta convey the property having a total extent of 9 Acres

comprised in Sy No.63/2 of Kanthippara Village covered by sale deed

Nos.197/2008 and 198/2008 of the SRO, Udumbanchola (plaint scheduled property in OQS.No.279/2009 of the Sub Court, Kattapana) to the appeflant in RFA No.709/2012 or his nominee in lieu of the appellant paying a sum of Rs.1.70.00,000/- (Rupees One crore seventy lakhs only) on or before 31/07/2025. AN amount of Rs.50,00,000/- {Rupees Fifty lakhs only) is paid as advance today from out of the total amount of Rs.1,70,00,000/- (Rupees One crore seventy

lakhs only}. The receipt of the same is acknowledged by the Respondents.

in the event of the appellant not paying the remaining amount of Rs.1,20,00,000/- (Rupees One crore twenty lakhs only) before 31/07/2625, the

respondent shall be entitled to realise the same from the appellant and their assets.

R.EA Nos. 323 of 2016, 342 of 2016 Appellants Respondent

1. Sukumaran

1. Jacob Chacka (Died}

2.Manoharan .- kb 2. DrStephen Chacko

S.Shaiju 3. Shanvio Marketing Associates

Pvt Ltd (Deleted}

4. Lambodharan Addl. R4 Aleyamma Jacob ae

Addl.R5 Joel Jacob (minor)

Rep by mother Aleyamma jacob ae --

Addi.R6 Joanna Lizbeth Jacobo (minor! ; Rep by mother Aleyamma jacob Piya

R.EA No. 709 of 2012 \ ve Appeliant - Shibu ¢ Respondents - 1. Shanvio Marketing Associates Pvt Ltd (Deleted)

2. Jacob Chacke (Died) -

3. Stephen Chacko YE Add}. R4 Aleyarnma jacob Addi.A5 Joel Jacob (minor)

Rep by mather Aleyamina Jacob player

Addi.R6 Joanna Lizbeth Jaceb (minor) Rep by mother Aleyamrna Jacob ' ANP

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4. In the event of the respondents failing to convey the plaint scheduled property in OS.No.279/2009 of the Sub Court, Kattapana, as aforesaid, even upon the payment of the remaining Rs.1,20,00,000/- (Rupees One crore twenty lakhs only) to the respondents, the appellant or his nominee shall be entitled to obtain

conveyance of the same through Court after depositing the aforementioned balance amount.

All attachments with respect to the plaint scheduled properties shall stand

vacated with immediate effect and the said properties shall be free of all encumbarances.

R.F.A Nos. 323 of 2016, 342 of 2016

Appellants Respondent

1. Sukumaran '| 1. Jacob Chacko (Died)

2.Manoharg

2. DrStephen Chacko

3.Shaiju 3. Shanvio Marketing Associates

Pytltd (Deleted)

Assan

Addl. R4 Aleyamma Jacob

Addl.R5 Joel Jacob (minor) ayn? Rep by mother Aleyamma Jacob frase

Addl.R6 Joanna Lizbeth Jacob (minor)

4. Lambodharan

Rep by mother Aleyamma Jacob Vase

Appellant - Shibu i Respondents - 1. Shanvio Marketing Associates Pvt Ltd (Deleted)

2. Jacob Chacko (Died)

3. Stephen Chacko

Addl. R4 Aleyamma Jacob Alscmnms

Addl.R5 Joel Jacob (miner) a Rep by mother Aleyamma Jacob

AddI.R6 Joanna Lizbeth Jacob (minor) Q Rep by mother Aleyamma Jacob a

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6. The respondent Nos. 5 and 6 are minors aged 15 and 10 years old and the children of the 4" respondent and late 1 respondent. The respondents 5 and 6 have no close relatives other than the 4% respondent for looking after them. The 4" respondent is having no other income to fook after the minor children, respondents 5 and 6. The 4" respondent therefore requires the aforementioned amounts for the education of the respondents 5 and 6. The 4 respondent undertakes that this compromise is entered for the welfare of the minors respondents 4 and 5 and that the share of money received shail be used only for

the purpose of education, welfare and upbringing of the minors respondents 4 and 5.

7. The 4* respondent shall on or before 31/07/2025 obtained necessary permission

from the competent District Court enabling her to convey the properties of the minor also as aforementioned.

R.F. 23 of 2 42 of 201 Appetiants Respondent

1. Sukumaran 1. Jacob Chacko (Died)

2.Mancharan. 2. DrStephen Chacko SeE=- ,

3. so (if) 3. Shanvio Marketing Associates PvtLtd (Deleted)

4. Lambodharan ; Addl. R4 Aleyamma jacob Alyce : Addl.R5 joel jacob (minar}

Rep by mother Aleyamma Jacob ij

Addi. R6 Joanna Lizbeth Jacob (minor}

Rep by mother Aleyamma jacob Foyer we RFA No. 709 of 2012 :

Appellant - Shibu

Respondents - 1. Shanvio Marketing Associates Pvt Ltd {

Deleted}

2. Jacob Chacko (Died)

3. Stephen Chacko Addl. R4 Aleyamma jacob Alescenm.l Addi.R5 joel Jacob (minor)

Rep by mother Aleyamma Jacob Cis

Addl.R6 Joanna Lizbeth Jacob (minor)

Rep by mother Aleyamma Jacob Auge

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Re

Accordingly the Judgement and Decree of the courts below in OS No.229/2009 and 279/2009 may be set aside and the appeals disposed off in terms of this settlement agreement,

Dated this the 27" day of September, 2024.

N f 2 4 Appellants Respondent

1. Jacab Chacko (Died)

Pb?

, > Hest 2. DrStephen cracte

3. Shanvic Marketing Associates Pvt Ltd (Deleted)

4. Lambodharan Addi. R4 Aleyamma jacob Alyse Addl.R5.foel jacob {minor} - Rep by mother Aleyamma jacob Blea _ Addi.R6 Joanna Lizbeth jacob (minar) Rep by mother Aleyamma Jacob Alyaconr re

1. Sukumaran

2.Manoharan

3.Shaiju

R.F.A Ne. 769 of 2012

Appellant - Shibu ke

Respondents - 1. Shanvio Marketing Associates Pvt Ltd (Deleted)

2. jacob Chacke (Died)

3, Stephen Chacko FP ont

Addl. R4 Aleyamma Jacob

Add LR5 joel Jacob (minor)

Rep by mother Aleyamma Jacob ost. Add l.R6 joanna Lizbeth Jacob (minor)

Rep by mother Aleyamma Jacob { een wp .