Kerala High Court
Annie John vs Raphael on 7 January, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 7"4 pay OF JANUARY 2925 / 17TH POUSHA, 1946
RSA NO. 237 OF 2523
AGAINST THE JUDGMENT DATED 27.06.2612 IN OS NO.1183 OF 2009
OF II ADDITIONAL SUB COURT, THRISSUR ARISING OUT OF THE
ORDER/ JUDGMENT DATED G6.12.2022 IN AS NO.263 OF 2012 OF III
ADDITIONAL DISTRICT COURT, THRISSUR. --
APPELLANTS/ADDL 6TH AND 77H RESPODNENTS IN FIR E LRS_ OF THE
DE ED 157 DEFENDANT IN THE iT.
Li ANNIE JOHN
AGED 66 YEARS
W/O LATE E D JOHNY, EDAKALATHUR HOUSE, ANJOOR VILLAGE,
DESOM, MUNDOOR PO, THRISSUR TALUK THRISSUR DISTRIC7,
PIN + G&e541
4 HIJZVA RANJU
AGED 45. YEARS
D/O LATE E 2 JOHNY, EDAKALATHUR HOUSE, ANJOOR VILLAGE,
DESON, MUNBOOR PO, THRISSUR TALUK, THRISSUR DISTRICT,
PIN ~ 680541. {POA RECORDED)
FRANCIS V.A, AGED 71 YEARS, 5/0 ANTONY, VAZHAPPILLY
HOUSE, NAMBAZHIKAD, MATTOM SOUTH, KANDANASSERY P.O,
KERALA, INDIA, PINCODE-689602 IS RECORDED AS THE POWER
OF ATTORNEY HOLDER OF THE SECOND APPELLANT AND 6TH
RESPONDENT AS PER ORDER DATED 25.01.2024 IN MEMO DATED
19.11.2624.
BY ADVS.
SHOBY K.FRANCIS
AGI SHOBY
RSA NO. 237 OF 2023 & OP(C) 2165 of 2022
2
2025: KER:553
ESPONDENTS 1 TO 5 & 2ND ADD ANT _IN THE FIRST
APPEAL/ PLAINTIFFS & DEFENDANTS 2 AND 3 IN THE SUIT, [ THE tST
APPELLANT IN THE FIRST APPEAL WHO WAS THE IST DEFENDANT IN THE
SUIT DIED. :
1 RAPHAEL
AGED 68 YEARS
S/O PERINCHERY VARGHESE, ANJOORU VILLAGE, ANJOORU
DESAM, MUNDOOR PO, THRISSUR TALUK, THRISSUR DISTRICT,
PIN - 680541
2 TROMAS
AGED 66 YEARS
PERINCHERY VARGHESE, ANJOORU VILLAGE, ANJOORU DESAM,
MUNDOOR PO, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
GBOS4L '
3 PAUL
AGED 64 YEARS
PERINCHERY VARGHESE, ANJGGRU VILLAGE, ANJOORU DESAM,
MUNBOOR PO, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680541
4 JOHNSON
AGED 59 YEARS
PERTNCHERY VARGHESE, ANJOORU VILLAGE, ANJOGGRW DESAM,
MUNDOOGR PO, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
690s4i
a DAVIS
AGED 63 YEARS
PERINCHERY: VARGHESE, ANJOORU VILLAGE, ANJOORU DESAM,
MUNDOOR PO, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680541
* G NIJOY JOHN
AGED 63 YEARS
S/O LATE E D JOHNY, EDAKALATHUR HOUSE, ANJOORU VILLAGE,
ANJOORU DESAM, MUNDOOR PO, THRISSUR TALUK, THRISSUR
DISTRICT, PIN - G&B54, POA RECORDED.
BY ADV RENIL ANTO KANDAMKULATHY
RSA NO. 237 OF 2023 & OP(C) 2165 of 2622
ot .
2925: KER: 553
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
07.01.2025, ALONG WITH OP({C).2165/2022, THE COURT ON JHE SAME DAY
DELIVERED THE FOLLOWING:
RSA NO. 237 OF 2023 & OP(C)} 2265 of 2022
4
2025: KER: 553
IN THE HIGH COURT OF KERALA AT ERNAKULAM
' PRESENT
THE HONGURABLE MR. JUSTICE M.A.ABDUL HAKHIM
. TUESDAY, THE 7"4 DAY OF JANUARY 2025 / 17TH POUSHA, 1946
P _ 2165 OF 262
AGAINST THE JUDGMENT DATED 23.68.2622 IN OS NO.1386 OF 2669
OF ADDITIONAL DISTRICT COURT{ADHOC II}, THRISSUR
EFETIONE PETE S$ 1,2:
1 RAPHAEL
AGED 67 YEARS
S/O PERINCHERRY VARGHESE, ANJOOR VILLEGE AND DESOM,
THRISSUR TALUK, PIN - 680541
2 THOMAS
AGED 65 YEARS
S/O PERINCHERRY VARGHESE, ANJOOR VILLEGE AND DESOM,
THRISSUR TALUK, REPRESENTED BY POWER OF ATTORNEY HOLDER
RAPHAEL, S/O PERINCHERRY VARGHESE, ANJOOR VILLEGE AND
DESOM, THRISSUR TALUK.
BY ADVS.
T.N, MANOJ
RENIL ANTO KANDAMKULATHY
RESPONDENTS /L EIR FE THE ORIGINAL iST PONDENT, RESPONDENT
N TI
1 ANNIE JOHN
AGED G6 YEARS
. W/Q LATE JOHNY, EDAKULATHUR HOUSE ANJOOR VILLEGE, AND
DESOM, THRISSURS TALUK, PIN 680541, PIN - 689541
2 NIJOY JOHN
AGED 37 YEARS:
S/O LATE JOHNY, EDAKULATHUR HOUSE ANJOOR VILLEGE AND
RSA NO. 237 OF 2023 & OP{C) 2165 of 2022
5
2025: KER: 553
DESOM, THRISSUR TALUK, PIN 680541, PIN - 680542
3 NIJTYA RENGU
AGED 45 YEARS
D/O LATE JOHNY, EDAKULATHOOR HOUSE ANJOOR VILLEGE, AND
DESOM, THRISSURS TALUK. 686541, PIN - 686541
4 DAVIS
AGED 45 YEARS
S/O VARGHESE, PERICHERRY HOUSE, ANJOOR VILLEGE, AND
DESOM, THRISSURS TALUK.G80S41, PIN - G86S41
5 PAUL,
5/0 VARGHESE, PERINCHERY HOUSE ANJOOR VILLEGE, AND
DESOM, THRISSURS TALU 680541, PIN - 689541
BY ADVS.
SHOBY K.FRANCIS - &1 TO R3.
AGI SHOBY - Ri TO R3.
THIS OF {CIVIL} HAVING BEEN FINALLY HEARD ON 87.61.2025,
ALONG WITH RSA.237/2623, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RSA NG. 237 OF 2023 & OP(C) 2165 of 2022
6
2025;KER:553
JUDGMENT
The above RSA, as well as OP(C}, are settled by the
parties in mediation, and the 'mediator has produced the
Memorandum of Settlement dated 12.11.2024 signed by the parties.
In view of the settlement, both the appeal and Original Petition are
disposed of in accordance with the terms of the settlement. The
Memorandum of Settlement shall form part of the decree in the RSA
as well as the judgment in the OP(C).
sd/-
M.A.ABDUL HAKHIM
JUDGE
RSA NO. 237 OF 2023 & OP(C) 2165 of 2622
2625 KER: 553
PETITIONER ANNEXURES
ANNEXURE A-1 CERTIFIED COPY OF THE POWER OF ATTORNEY
EXECUTED BY THE 2ND APPELLANT DATED 23-12-
2022.
ANNEXURE A-2 CERTIFIED COPY OF THE POWER OF ATTORNEY
EXECUTED BY THE 6TH RESPONDENT DATED 24-4-
2023.
RSA NO. 237 OF 2023 & OP(C) 2165 of 2022
g
29025: KER (553
APPENDIX OF OP{C) 2165/2022
PETITIONER EXHIBITS
EXHIBIT. PL
Exhibite2
Exhibit3
EXHIBIT .P4
Exhibits
EXHISIT .PS
RESPONDENT ANNEXURES
ANNEXURE -1
ANNEXURE -2
TRUE COPY OF THE COMPOROMISE PETITION DATED
25/07/2011 IN 0.S. 1386/2669.
TRUE COPY OF THE WORK MEMO DATED 27/04/2613
HANDED OVER 710 ADVOCATE COMMISSIONER BY THE
PETITIONERS.
TRUE COPY OF THE ADVOCATE COMMISSIONERS
REPORT AND SKETCH DATED 18/66/2613
TRUE COPY GF THE OBJECTIONS DATED 67/08/2013
FILEO BY THE PETITIONERS TO THE ADVOCATE
COMMISSION REPORT.
TRUE COPY OF THE PETITION 1.A.NO.7328/26013
DATED 07/68/2013 .
TRUE COPY THE ORDER IN I.A 7320/2013 IN
I.A.1289/2012 IN 0.S.1386/26@9 OF THE
ADDITIONAL SUB JUDGE II, THRISSUR.
CERTIFIED COPY OF THE POWER OF ATTORNEY
ISSUED BY THE 2ND RESPONDENT DATED 24-4-2623
CERTIFIED COPY OF THE POWER OF ATTORNEY
ISSUED BY THE 32RD RESPONDENT PATED 23-12-2623
|
BEFORE THE HONOURABLE HiGH COURT OF KERALA AT ERNAKULAM
Annie John & Anr : Appellants
Raphael & Ors : Respondents
Raphael & Anr 4 Appellants
Annie john & Ors : Respondents
MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 89 OF THECODE OF
CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE
{ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:
Appellants (Annie fohn and Nijiya Ranju} and Respondent No.6 (Nijoy John) on
one part and Respondent Nos.1,2,3,4 and 5 {Raphael, Thomas, Paul, Johnson
and Davis) in the RSA on the other part agree to settle the issues involved in
the RSA 237/2023 and CP(C} 2165/2022 on the following terms and
conditions:
Appellants Respondents
2. Annie john fo 1, Raphael pi --
2, Nijiya Ranju 2. Thomas ont
(Rep by PGA Francls VA}
' 3. Paul
4, Johnson t<o-
5. Davis Cobo
6, Nijoy John > a
(Rep by POA Francis VA}
OP(C} No, 2165 of 2022
Appellants Respondents
1. rapheet PO 1. Annie John 4 -
2, Thomas Joemn 2. Nijoy jotin ee
(Rep by POA Francis V.A}
3, Nijiya Renju
{Ren by POA Francis VLA)
4. Davis -----a
5. Paul fa
to
1. Parties agree that the Plaint Schedule Property in OS No.1386/2069 on the files
of the Addl. Sub Court Thrissur (16.33 Ares in Re-Sy No.336/8 Jn Block No.2
of Anjoor Village in Thrissur Taluk} shall be sofd and the 1/5th share of the sale
consideration shall be set apart and given to the Appellants and Respondent
No.6 (Annie John, Nijiya Ranju and Nijoy John) together; and 1/5th share each of
the sale consideration shall be taken by Respondent Nos.i,2,3 and 5
(Raphael, Thomas, Paul and Gavis},
2. Either of the parties shall be at liberty to bring prospective purchasers jncluding
by effecting paper/ online publication and the property shall be sold to the
prospective purchaser who offers the highest amount.
. The sale shall be effected within a period of nine months from today or within
the period as may be mutually agreed upon by the parties and thereafter
either of the parties shall have the right to get the property sold and get their
share of sale consideration through Execution Court if so required.
ca
Appellants Respendents
i. Annie Joho 3 1, Raphael
2. Nijiya Ranju- 2. Thomas
(Rep by POA Francis VA}
3, Paul
4. Johnson y de
S. Davis Go
6. Nijoy fohn
(Rep by POA Francis VA)
OP(C) No, 2165 of 2022
Appallants Respondents
1. Raphael pe 2. Annie John +
2. Thamas 2. Nijey jonn
(Rep by POA Francis V.A
3. Nifiya Renju
(Rep by POA Francis VA)
4, Davis (hd
5. Paul Ee
tt
"3.
4, All the expenses which are to be met by the sellers in connection with the
sate of the property shall be borne by the five sharers equally.
5. Publication of the intending sale, measurement of property, execution of
sale agreement, acceptance of sale consideration, execution & registration
of sale deed and distribution of the amount shall be done under the joint
supervision of Adv. Renil Anto Kandamkulathi and Adv. Shoby K Francis
{ Counsel for both the parties)
R.S.A. No, 237 of 20623
Appellants
L. Annie John +.
2, Niiya Ranju
{Rep by POA Francis VA)
OP(C) No, 2165 of 2022
Appellants
1. Raphael ae
2. Thomas
Respondents
1. Raphael pyl
2, Thomas
3, Paul
4, JOHNSON ie Lf
5. Davis fe
6. Nijoy john >
(Rep by POA Francis V.A}
Respondents
1, Annie john :
Z. Nijoy Joha
(Rep by POA Francis VA) yoo
3. Nifya Renju
(Rep by POA Francis 9 po
4, Davis Ce?
5, Paul
{2
t-
6. Appellants (Annie John and Nijiya Ranju} and Respondent No.6 (Nijoy John}
agree to pay Rs,10,00,G00/- (Rupees Ten lakhs only) towards arrears of rent
In respect of shop roams which are the subject matter in OS No.2346/2018,
OS No.3223/2018 & OS No.6839/2015 on the files of Munsiff's Court,
Thrissur and OS No,12718/12 & OS No.1183/2009 on the files of the
Sub Court, Thrissur,
7. Respondent Nos, 1, 2, 3 & 5 {Aapheal, Thomas, Paul and Davis} are
entitled to get release of 1/4th share each of the said amount of arrears of
rent of Rs.10,00,000/- (Rupees Ten lakhs only). The parties are agree that
ail Fixed Deposit Receipts produced before the Execution Courts
by the 1* Appellant be released to the 1* Appellant within two weeks from
the date of the receipt of copy of the judgment to be passed in the R5A and
he 1" Appellant is agreed to give Rs.5,00,000/- (Rupees Five lakhs only}
within two weeks from the date of receipt of copy of the judgment ta be
passed in the RSAto Respandent Nos. 1, 2,3 & 5 (Rapheal, Thomas, Paul
and Davis). The Appellants and 6° respondent in RSA agreed to pay the
balance Rs,5,00,000/- (Rupees Five lakhs only) of the rent arrears from their
t/Sth share of the sale proceeds of the property mentioned above to
Respondent Nos. 1, 2,3 & 5 (Rapheal, Thomas, Paul and Davis}.
R.S.A. No. 237 af 2023
Appellants Respondents
1, Annie john x 1, Raphael pyle --
2, Niliya Ranju a 2, Thomas
(Rep by POA Francis ¥.A)
3, Paul
4, fohnson fo po
5. avis <5,
6. Nijoy John
(Rep by POA Francis V.A}
Appellants Respondents
1, Raphael ee 1. Annie fonn +
AS > a
7, Thomas 2. Nijoy john
(Rep by POA Francis VA}
3. Nijiya Renju
(Rep by POA Francis V.A}
4, Davis <2 3
5, Pal ya
[2
8. On receipt of the amount towards arrears of rent as mentioned above
Respondent Nos. 1, 2, 3 & & {Rapheal, Thomas, Paul and Davis} shall
withdraw the E.Ps recording full satisfaction of the decree,
9. Appellants {Annie john and Nijiya Ranju) and Respondent Nos. 1, 2, 3,
5 & 6 (Rapheal, Thomas, Paul, Davis & Nijoy John) shall renew the rent
deeds in respect of the shop roams situated in the above mentioned
property for the period until the sale as mentioned above is effected and
the rent shall be shared in proportion of their respective shares,
R.S.A. No, 237 of 2023
Appallants Respondents
L. Annie john * 1. Raphael
2, Nijiya Ranju 2. Thomas
{Rep by POA Francls V.A)
3, Paul
4. Johnson _/ y/a--
6, Davis GS
6. Nijoy John
(Rep by POA Francis VA}
Appellants Respondents
1. Raphael pe 1, Annie John fo
2. Thomas oe 2. Nijoy john
tRep by POA Francis VA)
3. Nijiya Renju
(Rep by POA Francis "0 AB
4. Davis 2m.
OP(c) No, 2165 of 2022
5. Paul
I
10, On compliance with the above mentioned terms and conditions, either of
the parties shall have neo further claims or liabilities against each other.
1i. The CMA No.8/2021 filed before the District Court, Thrissur by the
4% respondent in RSA No.237/2023 is agreed to not pressed in terms of this
settlement,
R.S.A. No, 237 of 2023
Appellants Respondents
1, Annie John ie 1. raphael Pa
2, Nijiya Ranju 2. Thomas
(Rep by POA Francis VAS - ae
3. Paul
4, Johnson LU _
5. Davis Se
6. Nijoy fon
(Rep by POA Francis V.A)
Appellants Respondents
1, Raphael 1. Annie John F
2, Thomas 2, Nijoyjoha
' {Rep by POA Francis V.A)
a, Nifiya Renju
(Rep by POA Francis ya
4. Davis ZB
5. Paul
IS
7s
12. RSA No.237/2023 and OP(C) No.2165/2022 may be disposed of recording
- and in accordance with this settlement without any order as ta cost and
order in refund of the Court Fee paid in the RSA to the Appellants.
Dated this the 12" day of November, 2024.
Appellants Respondents
1, Annie John 9 i, raphael Poe
2. Nijiya Ranju 2. Thomas
(Rep by POA Francis V.A}
3. Paul
4, Johnson Zi.
5, Davis &
6, Nijoy John
(Rep by DOA Francis a
Appellants Respondents
1. Raphael 1. Annie john >
2. Thomas Ange 2. Nijoy John
(Rep Mt POA Francis a
3. Nijlya Renju -
(Rep by POA Francis V.A)
adhe pets
; 5. Paul
i noe! 296 au '
? re wo
Counsel for the Appellant Counsel for the Respondents
ht ih |
a AHO a grcls
The above Settlement Agreement is authenticated by me. S08 [ie pavtl)
pe! Adv, Mathew Kuriakose {Mediator}
