Kerala High Court
K.K.Jose vs K.P.Damodaran Nair on 9 April, 2025
REA NO. __173 __OF_2_0_1_5_
2 0'2 5 = RER = 310 71
IN TIE HIGH cotrFiT OF RERalA ZWT -EENAKULAM
PRESENT `
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TEE HCINouRABLE hdR. qusTICE A. BADHARrmEEN
REDRESDAI_, TEE 9RE Dam OF ZLPRIL 2025 / 19TH C:HAITrmAr 1947
RNA NO. 173 0F 2015
AGZAIHST TEE dt]r>GMENT ZEND DEc:REE DHTED 31.1o.2ol4 IH os
HO.358 OF 2ol2 OF I ADDITlcINAI stn3OREIHzyRE duDGEs cOuRT,ERINAmlLAM
AIPEI]LANT/DEFENDANT-.
K.K.COSE
rinD 75 -s
soot OF KURlzLppEN, REslDING HT EARAId¥THUKARmi IIOusE
EsmARA I¥ER roAD, ERNAREIAM, HocHI-682 035
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SRI . K . v\. GEORGE
SRI . P . S . GIREESH
SNI . C: . G . PREETTh
SRI . p . N . RA3:AcopnlAli riAIR
REspoveENIJ_PLAIREI_FELF±i
K. p. DrmoDARAli HAIR
AGED 67 YEAiRS
s/o.A.K.riAIR, 35/1872, soclTH dapkzrmlA RozD,
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Br ADv SRI.p.K.BABo
THIS REG:[JIAR FIRET APPEAL HAVING C:ORE UP EOR ADMISSICIN OEN
09.04.2025r THE Cor7RT 0N TinE SAunE DHr DELIVERED TREE roLI\CunlHG=
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RE_A_H_a_._1_7_3___OF2015
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A.BADHARUDEEN,I
RF.A. No.173 of 2015
Dated O9th day of April, 2025
JUDGMENT
This regular first appeal has been filed under Section 96 read
wjfh Order XLI Rule 1 of the Code of Civil Procfdure, 1908,
challenstng £~be degrgg .and jgdgmee€ d~a£§d .3!-:I-9;£9±-4 _i# Q,S..
No. 3S-8 ~of 2-012 on the .files `of the .-Additional ]udge's Court -I,
Ernakulam.
2. In this matter, the parties referred to mediation. The
parties, viz, appellant and respondent have jointly signed
mediation agreement submitted by the mediator, thereby matter
has been settled and the memorandum of agreement under Section
89 of the Code of Civil Procedure r/w Rules 24 8c 25 of the Civil
RE_A_HQ_._1_7_3 _OF 2015
2025 : KER= 31071
Procedure (Alternative Dispute Resolution) Rules 2008 dated
0`7.04.2.0'25, has been produced. The sane appears to be legal and
acceptable.
3. In view of the settlement, the decree and judgment of the
trial court stand reversed, and the appeal is allowed in terms of the
settlement. The memorandum of settlement shall form part of the
first appellate decree.
-4. All interlocutory .applications ~pending in this regular first
/
appeal stand dismissed.
Registry is directed to refund the adinissible court fee paid in
this appeal to the appellant, as per law.
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A. BADHAREDEEN
JUDGE
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BEFORE THE HONouRABLE mGH couRT oF KERALA
AT ERNAKULAM
RF.A. NO. 173 0F Z015 EH]-
K(K.Jose Appellant
K.P. Damodaran Nair Respondent
REPORT SUBMITTED BY TEE MEDIATOR
Mediated, matter is settled.
Terms and conditions are attached herewith.
Dated this the 7th day Of April 2025. .
Adv. A.R George
Mediator
High Court Mediation Centre
BEFORE TIIE HONO-URABI.E HIGH- COURT OF KERAI.A
AT ERNAKULAn4
R.F.A. NO.173 0F 2015 [H]
K.K.Jose Appellant
K.P.Damodaran Nair Respondent
MEDIAmD SE"EMENT AGREEMENT
qunder Section 89 Of the Code of Civil Procedure read with Rules
24 and 25 Of the Kerala Civil Procedure 04ediation) Rules, 2008)
The dispute covered in the above case was refened for Court annexed
mediation and was mediated by Mr. A.R. George, Advocate and
accredited trained mediator and parties have agreed to settle their
disputes as under:
1. The Appenant/Defendant and Respondent/Plaintiff having
agreed to settle once and for all, the claims put forth by the latter in
the subject suit - O.S. No.358 of 2012 on the ffles of First Additional
Subordinate Judges Court, Emakulam from which the above appeal
arises, against the appellantrdefendant, on the latter receiving a sum
of Rs.16,00,000/- Q`upees Sixteen Lakhs only) in full and final
settlement as also sadsfaction of all the claims of the
respondent/plaintiff as against appellant/defendant in the subject suit
and in the above appeal;
`'
PELLANT RESPONDENT
(rK.¥-b- DAMODARAN NAIR)
2. An amount of Rs.16,00,000/- (Rupees Sixteen Lakhs only)
deposited with the Punjab National Bank, Vennala Branch, by the
appellant/defendant was attached as security in the subject suit -
O.S. No.358 of 2012 by the First Additional Subordinate Judges
Court, Emakulam and out of the said amount, an amount of
Rs.10,00,000/- has already been released to the respondenvplaintiff
pursuant to the order dated 24.11.2015 of tllis Hon'ble Court in the
above Appeal. Parties hereby agrees that the said amount of
Rs.10,00,000/- so released will be adjusted towards the
aforementioned amount of Rs.16,00,000/-payable in terms of Clause
1 hereinabove; and the balance amount Of Rs.6,00,000/- (Rupees Six
Lakhs only) can be released to the respondenvplaintiff from and out
of the said deposit with the Punjab National Bank, Vennala Branch,
which is under attachment in the subject suit - O.S. No.358 of 2012
by the First Additional Subordinate Judges Court, Emakulam;
3. In view of the above settlement, the respondent/plaintiff has no
objection in hfting the attachment effected on Rs.16,00,000/-
deposited by the appellant/defendant with the Punjab National Bank,
Vennala Branch; which was attached in the subject suit -O.S. No.358
Of 2012 by the First Additional Subordinate Judges Court, Emakulam
and the appellant/defendant will be entitled to withdraw and utilise
the balance amount available in the said account since release of
Rs.6,00,000/- in terms with Clause 2 above; with the
respondent/plaintiff have no claim whatsoever on the balance amount
thereof;
(tpp=AIi
(K.K. JOSH) (K.P. DAMODARAN NAIR)
4. Both parties request this Hon'ble Court to issue an order
Hfting attachment of Rs.16,00,000/- deposited by the
appenantldefendant with the Punjab National Bank, Vennala
Branch and direct the Branh Manager, Punjab National
Bank, Vennala Branch to release Rs.6,00,000/- to the
respondent/plaintiff and the balance amount to the
appellanvdefendant and to direct the Registry of this
Hon'ble Court to communicate the order thereof to the
Branch Manager, Punjab National Bank, Vennala Branch;
5. It is to be clarified that the respondent K.P Damodaran
Nair had withdrawn Rs.10,00,000/- (Rupees Ten lakhs only)
from the Bank Account of the appellant maintained with
Pubjab National Bank, Vennala Branch on the basis of an
order of the Hon'ble High Court, in IA No.2467/2015 in
RFA.No.173/2015 by furnishing a Bank Guarantee of
Rs.10,00,000/- (Rupees Ten lakhs only) with Indian Bank,
Ravipuram Branch, M.G Road by the respondents before
the Sub Court, Emakulam. The above said Bank Guarantee
of Rs.10,00,000/- (Rupees Ten lakhs only) shall be
released in favour of the respondent and for that purpose,
respondent shall. ffle an application before the Sub Court,
Emakulam, the appellant should submit his non-objection
statement before the Court.
PELLANT
racrtl
.K. JOSE) {K.P. DAMODARAN NAIR)
6. In view of the aforesaid Agreement arrived at through
mediation, the appellant may be anowed the refund of
entire court fee .
7. Both pardes agree to this Mediation Settlement
Agreement and terms herein being recorded as also
judgment/decree being passed in terms of it.
In view of the above settlement, it is respectfully prayed that
Judgment/Decree may be passed in terms of this settlement and
aforesaid terms and conditions agreed to between the parties, taking it
on record.
Dated this the 7th day Of April 2025.
LPPELLANT
iE iii=
K.K. JOSE)
. -`.`
(K.P. DAMODARAN NAIR)
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Counsel for the Appellant Counsel for the
This settlement agreement is authenticated by me.
Adv. A.R.George (Mediator)
