Kerala High Court
C.S.Shyle vs Vijayalakshmi Mohan Raj on 6 November, 2024
2024 ° KER: 82738
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONQURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 64 DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946
RSA NO, 215 OF 2822
AGAINST THE JUDGMENT & DECREE DATEO 26.03.2021, IN AS NO.179
OF 2618 OF ADDITIONAL PISTRICT CGURT - VIII, ERNAKULAM ARISING OUT
QF THE JUDGMENT & DECREE DATED 31.01.2618, IN OS NO.278 OF 2015 OF
II ADDITIONAL MUNSIFF COURT, ERNAKULAM
APPELLANT LANTS 2 3 D DEFE S.:
1 c.S.SHYLE,
AGED 47 YEARS
S/O. SUDHAKARAN, DIRECTOR, M/S.SREEPATHY CHITS AND
FINANCE PRIVATE LTD.,MEENAYIKODAN LANE, PONNOTH ROAD,
KALOOR, KOCHI-682917
2 AJO MATHEW,
AGED 53 YEARS
S/0.JOSE,, DIRECTOR, M/S.SREEPATHY CHITS AND FXWANCE
PRIVATE LTD.,KAITHOLI HOUSE,MANIMALA ROAD,
EDAPPALLY, KOCHI -682824.
BY ADVS.
T.S.MAYA (THIYADIL)
K.RAJEEV (THIYADIL}
K.A.SUNITHA
RSA NO. 215 OF 2022
2024; KER:82738
RESPONDENT /RESPON = APPELLANT/PLAINTIFF-D T NO. 1:
1 VIJAYALAKSHMI MOHAN RAJ
AGED 53 YEARS
W/O.MOHAN RAJ,GEETHANJALI,BPOL ROAD, BROADWAY, KOCHI-
662031.
BPGL ROAD, BROADWAY . KOCHI-§82631, REPRESENTED BY ITS
DIRECTORS (NOT EXIST NOW.ALREADY CLOSE IN 2813)
(DELETED) (RESPONDENT NO.2 IS DELETEO FROM THE PARTY
ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED
31.97.2924 IN IA.2/2624}
|
2 M/S.SREEPATHY CHITS AND FINANCE PRIVATE LTD.,
BY ADVS.
F.T.JOSE - Ri
S.ASHITHA - Ri
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
66.11.2624, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO. 216 OF #022
2024: KER: 82738
JUDGMENT
Tne subject matter in this Regular Second Appeal
is settled in mediation, and the parties have
produced a Memorandum of Settlement dated
27,09.2024. Hence, this Regular Second Appeal is
disposed of in accordance with the terms of the
Memorandum of Settlement dated 27.09.2074. The
Said Memorandum of Settlement dated 27.09.2024
shall form part of the decree. The Court fee paid
on the appeal shall be refund.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
mus
u
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
>. 5 of 2022
C.5 Shyle & Anr ; Appellants
Vijayalakshmi & Anr ; Respondents
MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 89 OF
THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF
THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION},
RULES, 2008:
Both parties agreed to settle the above case in the following terms
and conditions:-
1. Both the parties in RSA No.215/2022 agreed to settle the
above case for a sum of Rs.5,00,000/- (Rupees Five lakhs only) as
fuil and finat settlement in the above case and all the other cases
pending between them.
2. The Appeilants have already paid Rs.3,50,000/- (Rupeés Three
lakhs fifty thousand onty) to the 1° respondent vide Demand
Drafts dated 19/07/2024 and 23/08/2024 respectively and the
balance amount of Rs.1,50,000/- (Rupees One lakh fifty
thousand only) is paid today vide Demand Draft No.896593 dated
27/09/2024 of South indian Bank to the Respondent.
3. The Respondent undertakes that she wif take necessary steps
fo close EP.No.30/2019 (Principal Munsiff Court, Ernakulam}
immediately after received Rs.5,00,000/- (Rupees Five lakhs only}
Appellants ist Respondent
1. C.S Shyl Vijayalakshmi Mohan Raj
2. Ajo Mathe
.
-2.
4. The Respondent agree that she will not file any other
EP or proceedings in connection with the above matter.
5. The respondent hereby agree that she has no objection to
quash the FIR No.1238/2014 of Emakulam Central Police Station
and subsequent proceedings which led to CC.No.1 75/2014
pending before the Chief judicial Magistrate Court, Ernakulam.
She hereby undertakes that she is ready to sign in the consent
affidavit before the Hon'ble High Court in Cri.MC which will file
by the appellant to quash the same. The respondent also agree
that she will do necessary steps before the CJM Court, Ernakutam
to close the above referred CC.No.175/2014 if necessary.
6. Both the parties agree to dispose RSA No.215/2022 in terms
of mediation agreement. The appellant is entitted to get the Court
Fees remitted by him against RSA No.215/2022, The respondent
has no objection for the same.
7, 2™ respondent in the above case is deleted from the party
array.
Dated this the 27th day of September, 2024.
Appellants 1st.Respondent
1. C.5 Shyle Vijayaiaksimi Mohan Raj
2, Ajo Mathew pr
\ the Appellants Counsel for the lst Respond efit
baa s a
atKele 2l emeént Agreement is authenticated
