Kerala High Court
Joyce Joseph vs Johny Mathew on 17 January, 2025
Author: Sathish Ninan
Bench: Sathish Ninan
2025:
1.
RFA NO. 111 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 1774 pay oF JANUARY 2025 / 27TH POUSHA, 1946
RFA NO. 111 OF 2024
AGAINST THE ORDER DATED 17.02.2023 IN OS NO.4 OF 2016 OF
ASSISTANT SESSIONS COURT/SUB COURT/ COMMERCIAL COURT, MUVATTUPUZBHA
APPELLANT/1°* DEFENDANT:
JOYCE JOSEPH
AGED ABOUT 52 YEARS SON OF JOSEPH, VATTAMKUZHIYIL
HOUSE, KOZHA KARA, KURAVILANGADU VILLAGE, MEENACHIL
TALUK, KOTTAYAM DISTRICT, PIN - 686633
*THE APPELLANT IS REPRESENTED BY POWER OF ATTORNEY
HOLDER "BABURAJ ULATTIL, AGED 62 YEARS , $/O.LUKOSE,
ULLATTIL HOUSE, KURAVILANGAD KARA, KURAVILANGADU
VILLAGE, MEENACHIL TALUK, KOTTAYAM AS PER ORDER DATED
17/12/2024 IN RFA NO.111 OF 2024...
BY ADVS.
ABRAHAM GEORGE JACOB
C.MURALIKRISHNAN (PAYYANUR)
SHABNA (K/001380/2023)
M.R.ATHUL (K/2031/2024)
TO 5 AND 2ND DEFENDANT.
1 JOHNY MATHEW,
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RFA NO. 111 OF 2024
2 ANEES JORN |
AGED 77 YEARS, WIFE OF JOHNY MATHEW, CHERUPARAMBIL
HOUSE, MEENKUNNAM KARA, AREKUZHA VILLAGE, MUVATTUPUZHA
TALUK, PIN - 686672
3 JOBIN C JOHN
AGED 44 YEARS SON OF JOHNY MATHEW, CHERUPARAMBIL HOUSE,
MEENKUNNAM KARA, AREKUZHA VILLAGE, MUVATTUPUZHA TALUK,
PIN - 686672
4 JIBIN JOHN
AGED 42 YEARS SON OF JOHNY MATHEW, CHERUPARAMBIL HOUSE,
MEENKUNNAM KARA, AREKUZHA VILLAGE, MUVATTUPUZHA TALUK,
PIN - 686672
5 VINCY C JOHN
AGED 39 YEARS, WIFE OF JINU JOSE PARUTHUMPLAVIL HOUSE,
NIRAPPU KARA, MULAVOOR VILLAGE, MUVATTUPUZHA TALUK, PIN
~ 686672
6 SHYLAJA
AGED 59 YEARS WIFE OF SASEENDRAN ,
KARUVALLIPUTHENPURAYIL HOUSE, KIZHAKKUMCHERI
VADAKKEMURI, NADUVILE VILLAGE, VAIKOM TALUE,
PIN.686143, REPRESENTED BY POWER OF ATTORNEY HOLDER oF
T.K. RAJAMMA, AGED ABOUT 77 YEARS WIFE OF THANKAPPAN,
KARUVALLIPUTHENPURAYIL HOUSE, KIZHAKKUMCHERI
VADAKKEMURI, NADUVILE VILLAGE, VAIKOM TALUK, PIN -
686141 [DELETED]
**THE 6TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AS
PER ORDER DATED 17/12/2024 IN IA NO.2 oF 2024 IN RFA
NO.111 OF 2024
BY ADVS.
JOHN JOSEPH VETTIKAD
B.RENJITHRUMAR
CLARA SHERIN FRANCIS (K/638/2020)
C. JOSEPH JOHNY (K/107/2007)
THIS REGULAR FIRST APPEAL HAVING COME UP FoR ADMISSION on
17.01.2025, THE courT ON THE SAME DAY DELIVERED THE FOLLOWING -
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RFA NO, 111 OF 2024
Sathish Ninan,
&
Shoba Annamma Eapen, JJ.
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Dated this the 17° day of January, 2025
JUDGMENT
Sathish Ninan, J.
rsr
The parties have settled their disputes in mediation.
They have entered into a memorandum of agreement
incorporating the terms of settlement. The appeal is
disposed of in terms of the settlement. The memorandum of
agreement will form part of this judgment.
Sd/-
Sathish Ninan, Judge
Sd/-
Shoba Annamma Eapen, Judge
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ERNAKULAM
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
RFA No, 111 of 2024.
. lant
Joyce joseph Appell
: ondents
Johny Mathew (Died ) and Others Resp
M OF AGREEMENT E TI =
OF CIVIL PROCEDURE READ WITH R
R RE DIA RULES, 2008:
1. The Appeal is filed against the Judgment and decree in OS No.04/2016
of Sub Court, Muvattupuzha. As per the decree the Plaintff 2 to
5/Respondents 2 to 5 are entitled to realise an amount of Rs.61,34, 620/-
(Rupees Sixty one lakhs thirty four thousand six hundred and twenty only)
along with interest at 7% per annum from the date of the Suit till the date
of realisation. The 1° Plaintiff/lst Respondent died during the pendency of
the suit. The appellant/ist defendant is now at lreland. He has
authorised Mr.Baburaj Ullattil as his representative by executing a Power
of Attomey and he has been authorised to conduct negotiation on his
behalf and to enter into an agreement with Plaintiff 2 to 5/Respondents 2
to 5 for the settlement of the case.The above parties have negotiated the
matter in the presence of the mediator and arrived at a settlement as
stated below.. The terms of this settlement agreement is binding on the 1*
Defendant/Appellant as if he has entered in to this agreement. The terms
of this settlement is binding on Plaintiff 2 to 5/Respondents 2 to 5.
The Plaintiff/ Respondents 2 to 5 and the Appellant/ist Defendant
have come to a settlement on mediation conducted by the Hon'ble High
Court Mediation Centre. As per the settlement arrived between the
parties, the Plaintiff 2 to 5/Respondents 2 to 5 have agreed to settle the
appeal on receiving the total amount of Rs.58,00,000/- (Rupees Fifty eight
lakhs only).
Appellant Respondents
Joyce Joseph 1. Johny Mathew (Died)
2. Anees john @42.-
3. Jobin C John
ed
4. Jibin John
EZ 5. Viney C john V4
{Rep by POA Holder
Mr.Baburaj UNattil)
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; . pay af
2. The Appellant/Ist Defendant has agreed 7024 The details of the
Rs.10,00,000/- (Rupees Ten lakhs only) on 16/12/ nis - follows s-
Payment made today by the Appellant/1st Defendan |
amount of
dated
1.By Demand Draft drawn on South Indian Bank Ltd with NO be pemand
2/12/2024 for Rs.4,50,000/-(Rupees four lakh fifty thousal! fifty thousand
Draft No.522138 dated 16/12/2024 for Rs.50,000/ (Fae o00/-(Rupees
only), Demand Draft No.522132 dated 2/12/2024 for Rs.4, : erousand
four lakh fifty thousand only), Rs.35,000/-(Rupees thirty 3" Plaint ff on
only) is paid through account transfer to the account of the ntThe
16/12/2024 and has received the said amount in his a and
Appellant/ist Defendant has paid Rs.15,000/-(Rupees fifteen thous
only) in cash to the 3™ Plaintiff today and he has received the said
amount.
3. Qut of the balance amount of Rs.48,00,000/- (Rupees Forty eight lakhs.
only) an amount of Rs.3,00,000/- (Rupees Three lakhs only) will be paid
on 30/04/2025, Rs.2,50,000/- (Rupees Two lakhs fifty thousand only) on
30/07/2025, Rs.6,50,000/- (Rupees Six lakhs fifty thousand only) on
30/12/2025 and Rs.7,00,000/- (Rupees Seven lakhs only) on 30/09/2026,
Rs.5,50,000/- (Rupees Five lakhs fifty thousand only) on 30/12/2026,
Rs.10,00,000/- (Rupees Ten lakhs only) on 30/08/2027 and Rs.13,50,000/-
(Rupees Thirteen lakhs fifty thousand only) on 30/12/2027.
4. itis agreed that the 1° Defendant/Appellant will pay the amounts in
the installments by way of Demand Draft taken in favour of the 37
Respondent jobin C John or will be send by Account Transfer . The details
of the Account of the 3° Respondent is stated below: AIC
No.30248701206, AIC Name Jobin C john, State Bank of india
Muvattupuzha Branch, IFSC-SBINO008652. ,
Appellant Respondents
Joyce Joseph 1. Johny Mathew (Died)
2. Anees John (Liz _
(Rep by POA Holder
Mr.Baburaj Ullattil) 5
4. Jibin John
a
at
5. Vincy Cc John
DS SSS SECS
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5, Ifthe 1 Defendant/Appellant commits @ single default in paying the
amount due to the respondent he will lose the bene it of amount paying In
instaliments and the Respondents can recover the entire palance amount
with interest at the rate of 14 % per annum will be recovered from the
Respondent and his assets.
6. The parties have agreed to forgo the cost of the proceedings.
7. The 6" Respondent is an unnecessary party in the appeal her name /s
'ple Court dated
deleted from the party array as per the order of this Hon
L7/12/2024..
8 The Execution Petition No.216/2023 for the Execution of the Decree
under challenge pending before the Sub Court, Pala will be kept in
abeyance till 30/12/2027 if the Appellant/ist Defendant commites default
in payment of any one of the installments as stated in clause 3 of this
agreement the Execution Petition pending before Sub Court, Pala will be
continued for recovery af the balance amount as stated in clause 5 of this
agreement and the compromise Decree will be executed in full.
9The Plaintiffs 2 to 5 agree that they will co-operate with the 1*
Defendant to lift the attachment over the immovable property on
completing the entire payment due as per this agreement.
Hence it is prayed that this Hon'ble Court may be pleased to incorporate
this settlement agreement in the judgment of this Hon'ble Court and pass
a Decree accordingly in the interest of justice.
ye
pated this the #7°"day of December 2024
nal
Appellant " Respondents
" joyce Joseph 1. Johny Mathew (Died)
(Rep by POA Holder 3. Aneesjomn WE? 5
Mr.Baburaj Uliattil) 3, Jobin C John ove
me
F 5. viney Cjohn VERE
>
Counsel fore ellagt Counsel for Respondents (2 ~ Sp
ace Tie above Settlement Agreement is authen\cated by na Ae & JPE9 1989
Adv. Dennis Varghese 1rator)
a 4. fibin John 2668
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