Gopimohan vs Catholic Cyrian Bank Ltd
2025 Latest Caselaw 4182 Ker

Kerala High Court

Gopimohan vs Catholic Cyrian Bank Ltd on 18 February, 2025

                                                2025 : KER : 135®9
REA NO. 200 0F 2005
                                  1

         IN THE HIGH CouRT oF KERAln AT ERNAKUIAM

                               PRESENT

        TIIE HONouRABLE in. dusTICE A. BADIIARUDREN

 TUESDAY,    THE 18TH DAY 0F FEBRUARY 2025/29TH MAGHA,       1946

                         RFA NO. 200 0F 2005

       AGAINST THE ruDGBENT AND DECREE DATED 3o.ol.2oo4

    IN OS NO.75 0F 20010F SUB COURT, PATHANAlflHITTA


AppELlnNT/1ST DEFEiroANT IN o.S :
            GroplroEN
            S/O. KUTTAN PILIAI
            RESIDING AT PERUMCIIIRA VEEDU,
            MANNADIYIL KIZHAKKU,
            KALAylKKu paelNeARA MURI ,
            KADAreANAD vlLI.AGE, ADooR TALUK,
            PATHANA)flHIFTA DISTRICT.


            BY ADVS.
            SRI. K.SmJ
            SRI . S .AJITH PRABHAV
            SRI . L . RAJ MOHAN
            SRI . SAJJU . S
            SRI. PRAVEEN THOMAs aeRAIIAM


REsporoENTs/plAINTIFF Aim_ 2rm DEFENDANT IN o. s
            IRE CATHOLIC SYRIAN BANK LTD
            KADAneAlunD BRANCH ,
            pATHANAimHITTA DISTRICT.

            P . s . GEETm
            PERUMCHIRA HOUSE, MANNDIYIII KIZIIAKKU
            KAI)AMPANAD VILIAGE, ADO0R
            pAIENrmHIITA
            8¥ rev SRI.PETER THARAKAN FOR RI

      THIS REGUILAR FIRST APPEAli HAVING BEEN FINALLY HEARD
0N 18.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOI.LOWING :
                                                       2025 : KER : 13509
REA NO.   ZOO 0F 2005
                                     2


                             JUDGMENT

Dated this the 18th day of February, 2025

This regular first appeal has been filed under Order

XLI Rule 1 of the Code of Civil Procedure, 1908 (hereinarfer

referred to as `CPC' for short), challenging decree and

judgment dated 30.01,2004 in O.S.No.75/2001 on the files of

the Sub Court, Pathanamthitta. The appellant herein is the lst

defendant in the above suit.

2. In this case, the matter referred to mediation

and memorandum of agreement under Section 89 of CPC

read with Rules 24 and 25 of the Kerala Civil Procedure

(Mediation) Rules, 2008, has been placed.

3. On perusal of the memorandum of

agreement, the terms are legal and acceptable. Therefore,

the memorandum of agreement is accepted.

4. In view of the memorandum of agreement,

the decree and judgment under challenge stand set aside

and the regular first appeal stands allowed, in terms of the 2025 : KER : 135®9 RFA NO. 200 0F 2005

memorandum of agreement. As per the memorandum of

agreement, it was agreed to release the originals of title

deeds deposited in the bank as security to

Sri.Gopimohan/appellant. Since Rs.6,15,000/- (Rupees six

lakh fifteen thousand only), due to the lst respondent bank,

has been fully settled and paid, the properties mortgaged

are free from charges.

5. At this juncture, the appellant filed

I.A.No.2/2025 to release charge over the properties

described in the title deeds, marked as Exts.A5 and A6 in

O.S.No.75/2001 on the files of the Sub Court,

Pathanamthitta, and release the documents to the lst

respondenvplaintiff. Since the matter has been settled, there

is no reason to disallow this petition in the interest of justice.

Therefore, I.A.No.2/2025 stands allowed. Registry is

directed to return Exts.A5 and A6 in O.S.No.75/2001, now

before this Court to the learned counsel appearing for the

Catholic Syrian Bank Ltd., Kadambanadu branch, on 2025 : KER : 13509 RFA NO. 200 0F 2005

undertaking and acknowledgment. Since the liability is

cleared, the charge over the properties also stands cleared.

The memorandum of agreement shall form part of

the first appellate decree.

Sd/-

A. BADHARUDEEN JUDGE

nkr BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM R.F.A No. ZOO/2005

Gopimohan Appellant

The Catholic Syrian Bank Ltd. Respondents & Another

MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE KERALA CIVIL PROCEDURE (MEDIATION) RULES, 2008.

The appellant and the respondents jointly submit as under:

1. The lst Respondent herein filed O.S. No. 75/2.Q`0|` before the Sub Court, Pathanamthitta as the plaintiff against the appellant as the lst defendant and his wife P.S. Geetha as the 2nd defendant who is the 2nd Respondent herein for realisation of money due to the ls[ Respondent bank from the defendants.

2. The suit was decreed on 30/01/2004 in favour of the lst Respondent/Plaintiff by the Sub Court, Pathanamthitta. The operative portion of the judgment dated 30/01/2004 in O.S. No, 75/2001 of the Sub Court, Pathanamthitta is as follows:

"In the result, the plaintiff is allowed to realise an amount of Rs. 2,89,999/-

(Rupees Two lakhs eighty nine thousand nine hundred and ninety nine only) with interest @ 23.75% p.a. with quarterly rest from 21/02/1997 till the date of suit (10.04.2001) after giving credit to an amount of Rs. 3,40,883/- (Rupees Three lakhs forty thousand eight hundred and eighty three only) on 30/06R000 and an amount of Rs. 24,855/- (Rupees Tvienty four thousand and eight hundred and fifty five only)on 25/01/2000. Thereafter, the plaintiff is allowed to realise interest at @ 9% p.a. till the date `tdf realisation along with proportionate cost of the suit, by the sale of the plal.nt schedule property and from the defendants and their assets." J,

Appellant Ftespondents

1.The Catholic Syrian .Bank Ltd Rep. By its Manager , Legal, Thomas James, Mundackal

2. P.S.Geetha -±27`--I

i-.`: ¥!`fro/z7ej;p±u= dr. .. A]thor _ Natal,, aoz,E .,,-ii dt.,"-

slate.Iun /2'

3. The appellant (1St defendant) herein preferred appeal against the judgment and decree of the Sub Court, Pathanamthitta before this Hon'ble Court as R.F.A. No. 200/2005. This Hon'ble Court, after preliminary hearing, referred the matter for mediation and the parties came into an agreement to settle the matter amicably in mediation.

I

4, Considering the settlement arrived at, the appellant herein agrees to pay an amount of Rs. 6,15,000/-(Rupees Six Lakh Fifteen Thousand only) as full and final settlement towards the decree debt on or before 10/02/2025 and the lst Respondent herein agrees to accept the said amount as full and final settlement towards the decree debt in O.S. No. 75/2001 before Sub Court, Pathanamthitta and settle the matter in mediation. The lst Respondent further agrees to release the originals of the title deeds deposited in the bank as security which were marked as Exhibit A5 (Sale Deed No. 641/1980 of Adoor SRO) and A6 (Sale Deed No. 3549/1985 of Kadambanadu SRO) before the Sub Court, Pathanamthitta as and when the appellant makes the One Time Settlement towards the aforesaid decree debt. In the event the appellant defaults jn making the above payment on or before 10/02/2025, the above amount shall carry an interest of 6°/a per annum. In case of default by either of the parties, the party affected can execute this by approaching the execution court .,,- c'`~~'L<```']t^t~. ,, `\'( ,''i (-'.--, I

Appellant f-i:::ino:a:==in, € . ; y

•,,

~ 1:The Catholic Syrian Bank Ltd Rep. By its Manager , Legal, Thomasjames, Mundackal.

2. p.s.Geetha ?if e

-."#.E,",ap;l i=-:ias,.I..un

5. In the circumstances and in terms of this agreement, the appeal may be decreed in terms of this agreement and this mediation agreement may form part of the decree and judgment to be passed by this Hon'ble Court. Both parties agree to bear their respective costs and the appellant shall be entitled to court fees refund, if any.

`+

Dated this the 27th da4y 'o.f JanuLpryr292-5u L`-.`.J -,.. = i:-:::.= I:i-'=dy.

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                                                                   h®/,`+,
                                                               ``--.-'kespondent.
  Appe'Iant
                                                           1.The Catholic Syrian Bank L



EimEE
                                                           Rep. By its Manager , Legal,
                                                           Thomas James, Mundackal.


                                                           2. P.S.Geetha                              1 ?- ..i. i `.I-j .I




  Counsel        e Appellant                                CQunsel for the lst Respondent


                                                                                             ml
                                                           Counsel for the 2nd Respondent

This settlement agreement is authenticated by me.

                                                                                                                 |ftywhawiT*
                                      Adv.Swamidasan(Mediator)




                 9cle^+ S`g~al d&rto 4eJ+tit
                                       \     i~ `



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