Kerala High Court
N.Krishna Kumar @ Unni vs M/S.Jos Brothers And Valakkuzhy ... on 14 March, 2025
2®25 : KER : 21860
RFA NO. 462 0F 2015
1
IN THE HIGII CouRT oF' RERAIA AT EEutAKulnM
PEtisENI
THE HONOURABIiE MR. JUSTICE A. BADHZLRUDEEN
mlmr, "E i4TH DAr oF mRCH 2o25 / 23RI) pml,Gum, 1946
RFA NO. 462 0F 2015
AGALINST THE JUDGRENT AND DECREE DATED 26.06.2014
IN OS NO.220 0F 2010 0F PRINCIPAli SUB COURT, ERNAKuliAM
APPEliliANT/PIAINTIFT:
N.mlsHNAL KUMAR @ UNNI
AGED 59 YEARS
s/o. PUTIIOOR etaRAyANAN NZLIR,
VRINDAVAN, ULLOOR IiANE, JAGIATHY,
I-RUM.
B¥ anvs.
P.vlswunTmN (SR. )
StJNIIi N. SHENOI
A.ITH VISWENATHAN
RESPONDENTS /DEF'ENDANTS :
M/S. JOS BROTRERS AND VAIAREtJZHY CONSTRUCTIONS
A PARTNERSHIP FI",
HAVING ITS OFFICE DOS BROTHERS BUILI)INGS,
JOSH JUNCTION, KOCHI-16,
REE'RESENTED BY ITS PARTNERS
1)SRI.K.J.THOMAS, AGED ABOUT 54,
s/o.K...TosE, REslDING AT KAlnTHlpRAIOII, HousE,
ROsE vll,In, AI,AppATT cROss Roan,
EIAVIE.URAM, ROCHI-15 ,
2) SRI . JOSEPH VAIARTUZHY,
AGED ABOUT 54, S/0.IATE EAEIEN VAILAKKUZHY,
NOW RESIDING AT HOUSE NO.36/1742,
SRENor RoaD, KAI,COR, KOCHI-17.
K . J . THous
JIGED 54 YEARS
S/O.K....OSE,
RESIDING AT KAlnTHlpRjuell, HouSE,
2025 : KER : 21860
RFA NO. 462 0F 2015
2
ROsE vlLIA, AIAppATT cROss Roan,
RAvlEiuRjan, KocHI-15
JOSEPH VAILAKKUZHY
AGED 54 YEARS
S/O. IATE EAPEN VAIAKKUZHY,
NOW RESII)ING AT HOUSE NO.36/1742,
SHENOY ROAD, KAIIOOR, KOCHI-17
K . v . RrmcHZLNDRAIi I DELETED I
AGED 54 YENS
BETRON' S TOWERS, APARTMENT NO.5B,
BLossoM' s Roan, EIAMKul.AM vll[ILnGE,
NOW AT P.B.NO.54341, JI.REB AL SHUYUKH,
KUWAIT .
RESE.ONDENT NO. 4 IS DELETED FROD4 TEE PARTY ARRAY
AT THE RISK OF APPELIIANT, AS PER ORDER DATED
24.02.2025 IN IA NO.1/2025 IN REA NO.462/2015
BY ADVS.
SRI.C.S.MANU FOR RI
BAliRA)4 S A FOR R2 AND R3
THIS REGulnR FIRST AppRAL HAWING BEEN FINAI.I,I HEziRI)
ON 14.03.2025, TEE COURT 0N THE SAME DAY DEIIIVEREI) THE
FOI-IiowING :
2025 : KER : 21860
RFA NO. 462 0F 2015
JUDGMENT
Dated this the 14th day of March, 2025
This regular first appeal has been filed under Section
96 read with Order XLI Rule 1 of the Code of Civil Procedure,
1908, challenging judgment and decree dated 26,06.2014 in
O.S.No.220/2010 on the files of the Sub Court, Ernakulam.
2. The appellant herein is the plaintiff and the
respondents herein are defendants in the above suit.
3. In this case, the matter has been amicably
settled. Memorandum of agreement dated 28.01.2025
entered into between the parties, has been placed.
4. I have gone through the memorandum of
agreement and the same appears to be one acceptable. In
view of the matter, the compromise is accepted.
5. In view of the above, accepting the
compromise, the decree and judgment under challenge stand
interfered and set aside in terms of the compromise.
2025 : KER : 21860
REA NO. 462 0F 2015
Accordingly, the regular first appeal stands allowed in terms
of the compromise entered into between the parties.
The memorandum of agreement shall form part of
the appellate decree.
Registry is directed to refund the admissible court
fee paid in this appeal to the appellantrplaintiff, as per law.
All interlocutory orders stand vacated and all
interlocutory applications pending in this appeal stand
dismissed.
Registry is directed to forward a copy of this
judgment to the jurisdictional court forthwith.
Sd/.
A. BADHARUDEEN
JUDGE
nkr
BEFORE THE HON'BLE HIGH COURT OF KERAIA AT ERNAKUIAM
R.F.ANo. 462of 2015
APPELLANT:
Krishnakumar @ Unni, aged 70, S/o. Puthoor Narayan Nair. residing at Vrindavan,
UIIoor Lane, Jagathi , Trivandrum, Pin code-695 014.
RESPONDENTS :
1. M/s.Jos Brothers and Valakkuzhy Constructions, A partnership Firm, having its office
Jos Brothers Buildings, Jos Junction, Kochi-16 , represented by its partners 1 ) Sri K.J
Thomas , Aged about 54, S/o K.J jose, Residing at Kalathiparambil House , Rose villa
Alappat Cross Road, Ravipuram, kochi -15. 2) Sri Joseph Valakkuzhy, aged 69, S/o
late Eapen Valakkuzhy , now residing at House No. 36/ 1742, Shenoy Road , Kaloor,
Kochi, Pin code-682 017.
2. Sri K.J Thomas , Aged about 69 ,S/o K.J Jose, residing at Kalathiparambil House,
Rose Villa, Alappat Cross Road, Ravipuram, Kochi, Pin code-682 017.
3. Sri Joseph Valakuzhy, aged 69, s/o late Eapen Valakkuzhy, now residing at House
No. 36/1742, Shenoy Road , Kaloor, Kochi, Pin code-682 017.
MEMORANDUM OF AGREEMENT UNDER SECTION 89 READ WITH ORDER 23
RULE 3 0F THE CODE OF CIVIL PROCEDURE.1908
1. The above regular first appeal arises from the judgment and decree
dated 26-06-2024 passed in O.S No.220 of 2011, on the files of the Sub Court,
Ernakulam. The appel[ant herein had filed O.S.No.220 of 2010 seeking recovery of an
amount of Rs.12,64,840-00 with future interest @ 6 % per annum on the principal sum of
--±=,;,-= -i-i:i=---
Rs.7,05,000-00 against the respondents before the Hon'ble Sub-Court, Ernakulam.
However, the said suit was dismissed and hence this regular first appeal was filed. It is
submitted that prior to the institution of the aforementioned suit, a criminal case was
registered against the respondents as C.C.No.227 of 2009 under sections 406 and 420
read with section 34 of the Indian Penal Code before the Judicial Magistrate Court First
Class-VIll, Ernakulam based on a complaint lodged by the appellant through his wife and
the same was disposed of by convicting the respondents.
It is submitted that the parties have after due deliberation resolved the dispute
on the following terms and conditions:-
(i) Whereas during the pendency of the above appeal, respondents
were found guilty of the charges under sections 406 and 420 of the Indian Penal Code in
C.C.No.227 of 2009 before the Judicial Magistrate Court First Class-Vlll, Ernakulam and
the magistrate court directed the respondents 2 and 3 to pay a total amount of
Rs.20,00,000-00 (Rupees twenty lakhs only) to be paid to the appellant, and that
appellant agreed to deduct an amount of Rs.1,00,000-00 (Rupees one lakh only) from
the total amount of Rs.20,00,000-00 (Rupees twenty lakhs only) and thereby reducing
the total amount to Rs.19,00,000-00 (Rupees nineteen lakhs only). It is also hereby
agreed. by the appellant .that the same would be compounded before the Judicial
Magistrate Court First Class-VIll, Ernakulam.
Respondents
•.Qgr
1. M/s. Jose Brothers & Valakuzhy Construction
2Sr'gr
3. Sri.Joseph Valakuzhy
in
(ii) The respondents 2 and 3 had agreed to pay an amount of
Rs.19,00,000-00 (Rupees nineteen lakhs only) by way of a demand draft bearing No.
860887 of lnduslnd Bank dated 14-03-2024 in the name of the appellant. The receipt of
Rs.19,00,OOO-00 (Rupees nineteen lakhs only) by way of a demand draft is hereby
acknowledged by the appellant and agrees that on such payment, the entire liability
stands discharged.
(iii) The appellant hereby agrees to withdraw R.F.A.No.462 of 2015
pending before the Hon'ble High Court of Kerala on the basis of this settlement. The entire
court fees paid by the appellant may be refunded. Hence, it is agreed by all the parties to
dispose of this Regular First Appeal based on the above said terms as settled in
compromise.
Dated this the 28th day of January, 2025.
Respondents
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2Sgr #
3.Sri.Josephvalakuz#
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