Kerala High Court

Joseph vs Rathyamma on 26 May, 2025

Author: Murali Purushothaman

Bench: Murali Purushothaman

2025 - KER: 36034

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 26'™ pay OF MAY 2025 / STH JYAISHTA, 1947

OP(C}) NO. 4071 OF 2611

AGAINST THE DECREE DATED 61.11.2061 IN OS NO.16 OF

1998 OF SUB-ORDINATE JUDGE'S COURT, CHERTHALA

PETITIONER:

JOSEPH, CHATHAPARAMBIL
UZHUVA MURI, PATTANAKKAD VILLAGE,
ALAPPUZHA DISTRICT.

BY ADVS.
SRI. G.P.SHINOD
SRI. MANU V.

RESPONDENT:

RATHYAMMA ALIAS RATHY GOKULAN AND RETNAMMA,
MALIACKAL (MALIKAYIL),

PADINJATTUMKARA THEKKUM MURIYIL,

THURAVOOR THEKKU VILLAGE,

ALAPPUZHA - 688 524. [*ADDRESS OF THE 2ND
RESPONDENT CORRECTED]

RATHYAMMA @ RATHY GOKULAN AND RETNAMMA,
CHANAYIL (H), NEAR ELAMANA TEMPLE,
EROOR, TRIPUNITHURA,

ERNAKULAM DISTRICT - 682 306.

* ADDRESS OF THE RESPONDENT CORRECTED VIDE ORDER
DATED 15.11.2022 IN IA NO.1 OF 2022.

BY ADVS.

ASHOK SHENOY 8.
LEGITH T.KOTTAKKAL
P.S.GIREESH

SALIH P.A.


2025 : KER: 36034
OP(C) NO.4071 OF 2011

ARJUN R NAIK
THEJALAKSHMI R.S.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:



2025: KER: 36034
OP(C) NO.4071 OF 2011

JUDGMENT

The Original Petition (Civil) is filed challenging Exts.P5 and P6 orders and for a direction to allow Exts.P3 and P4 petitions. By order dated 07.03.2024, this Court referred the matter for mediation. The Mediator has submitted a report stating that the matter is settled. The memorandum of agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Civil Procedure (Alternative Dispute Resolution), Rules, 2008, has also been enclosed.

In view of the memorandum of agreement,

the Original Petition is closed. The

2025: KER: 36034 OP(C) NO.4071 OF 2011

memorandum of agreement shall form part of

this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR

2025 - KER: 36034

OP(C) NO.4071 OF 2011

APPENDIX

PETITIONER'S EXHIBITS: -

EXHIBIT P1

EXHIBIT P2

EXHIBIT P3

EXHIBIT P4

EXHIBIT P5

EXHIBIT P6

A TRUE COPY OF THE DECREE IN 0.S NO.16 OF 1998 OF THE SUB COURT, CHERTHALA, DATED 01.11.2011.

A TRUE COPY OF THE 1I.A NO.1362/2002 IN 0.S NO.16 OF 1998 FILED BY THE PETITIONER BEFORE THE SUB COURT, CHERTHALA.

A TRUE COPY OF THE I.A NO.452 OF 2005 IN O.S NO.16 OF 1998 FILED BY THE PETITIONER BEFORE THE SUB COURT, CHERTHALA.

A TRUE COPY OF THE I.A NO.453 OF 2005 IN 0O.S NO.16 OF 1998 FILED BY THE PETITIONER BEFORE THE SUB COURT, CHERTHALA.

A TRUE COPY OF THE ORDER DATED 19.11.2010 PASSED BY THE SUB COURT, CHERTHALA IN 1.A NO.452 OF 2005 IN 0.S NO.16 OF 1998.

A TRUE COPY OF THE ORDER DATED 19.11.2010 PASSED BY THE SUB COURT, CHERTHALA IN I.A NO.453 OF 2005 IN 0.S NO.16 OF 1998.

RESPONDENTS EXHIBITS: NIL.

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM OP(C)No. 4071 OF 2017

Joseph : Petitioner MS,

Rathyamma @ Rathy Gokulan and Retnamma : Respondent

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:

The Petitioner, joseph and Respondent, Rathyamma alias Rathy Gokulam: and Retnamma, have agreed to settle the disputes involved in the above case as follows.

1:Respondent :has agreed to pay to the -petitianer an -amount of Rs.6,25,000/-(Rupees Six lakhs and twenty five thousand only) in full and final satisfaction of all the claims arising out of Agreement of sale dated 31.1.1997 registered as Document No.323/97 of Pattanakkad Sub Registry as also Judgment and Decree dated 01.11.2001 of Subordinate's Judge's Court, Cherthala in 0:S.No.16 of £996 including all Interlacutory Applications therein from which the. above Original Petition(Civil) arises.

2.Petitioner has agreed to accept the said amount of Rs.6,25,000/- (Rupees "Six Jakhs twenty five thousand only) in full and final Satisfaction of all his claims arising out of Agreement of Sale dated 31.1.1997 registered as Document No.323/97 of Pattanakkad Sub Registry as also Judgment and Decree dated 01.11.2001 of Subordinate Judge's Court, Cherthala in 0.S.No.16 of 1998 including alt Interlocutory Application therein.

Petitioner Respondent

Joseph el

Rathyamma @ Rathy Gokulan and Retnamma be

3.In terms of the above agreement between petitioner and respondent, the respondent is tendering herewith the aforesaid agreed amount of 6,25,000/-(Rupees Six lakhs twenty five thousand 'enly) to the petitioner ahd the 'petitioner 'has accepted the said amount and hereby acknowledge its receipt, in full and final satisfaction of all his claims arising out of Agreement of Saie dated 31.1.1997 registered as Document No.323/97 of Pattanakkad Sub Registry as also Judgment and Decree dated 01.11.2001 of Subordinate Judge's Court, Cherthala in 0:S.No.16 of 1998 including all Interlocutory Applications therein.

4.Petitioner confirms and acknowledge that he has no claims whatsoever subsisting in or over the immovable property comprehended 'by Agreement of Sale dated 31.1.1997 registered as Document No.323/97 of Pattanakkad sub Registry as also Judgment and Decree dated 01.11.2001 of Subordinate Judge's Court, Cherthala in 0.S.No.16 of 1998 including all Interlocutory Applications therein.

5.Both parties seeks to request this Hon'ble Court to issue atr order rescinding the Agreement of Sale dated 31.1.1997 registered as Document No.323/97 of Pattanakkad Sub Registry under Section 28(1) of Specific Act 1963 and to direct Registry under Section 28(1) of Specific Relief Act 1963 and to direct Registry of this Hon'ble Court 'to 'communicate the same to the Office of Pattanakkad Sub Registry.

Petitioner Respondent

Joseph | Rathyamma @ Rathy Gokulan and Retnamma

6. Petitioner hereby agrees to execute a formal relinquishment/release deed and cause it to be registered before the appropriate Sub Registry; relinquishing/releasing all his claims and yights arising out of aforementioned agreement of sale dated 31/1/1997 registered as document No.323/1997 of Pattanakkad Sub Registry within two months from the date of receipt of copy of judgment of this Hon'ble Court in the above case. If the petitioner commits default in executing the said relinquishment/release deed the respondent shalt be entitled to get it executed and registered by filing Execution Petition for the purpose before the Sub-ordinate Judge's Court, Cherthala in which event the petitioner wili be liable to the respondent, for all the consequential cost and damages.

7 Petitioner 'having 'produced 'from this side 'in -O.S/No.16/1998 before the Subordinate Judge's Court, Cherthala, the original registered settlement Deed dated 21/12/1996 registered as Document No.3577/1996 of Pattanakkad Sub Registry, being the title deed of the respondent in respect of immovable property comprehended by agreement of sale dated 31/1/1997 registered' as document No.323 of 1997 of Pattanakkad Sub Registry as also Judgment and Decree dated 1/11/2001 of Subordinate Judge's Court, Cherthala in O0.S5.No.16/1998; had not taken back this same from the Sub-ordinate Judge's Court, Cherthala within the stipulated time, resulting in it 'being 'destroyed by the Office 'of the Sub-ordinate judge's 'Court, Cherthala and thereby the lost by the original title deed thereof once and for ali and is unable to return the original title deed to

respondent.

Petitioner : Respondent Joseph Rathyamma @ Rathy Gokulan

and Retnamma

8.In lieu. of the aforesaid. original, title deed; petitianer hereby hands over to the respondent, certified copy of the said title deed, being registered settlement dated 21/12/1996 numbered as document No.3577/1996 of Pattanakkad Sub Registry obtained by petitioner from 'the Pattanakkad 'Sub Registry 'on 21/3/2024 as 'certified copy No.250/2024 against his application for certified copy bearing No.286/2024 which shall be used by respondent in place of and in lieu of original title deed thereof, as her due title deed as to the property comprehend therein.

9.Respondent shalt be entitled to issue public notice through paper publication intimating the loss of the aforementioned original registered settlement deed inviting claims if any in relation to the immovable property comprehend by the aforesaid registered settiement deed No.3577/1996 of Pattanakkad Sub Registry to rule 'claims 'of the third 'parties 'over it and the petitioner agrees to 'bear ail the cost in connection with issuance of such paper publication. Accordingly a paper publication at the expenses of the petitioner has already been published on 23/3/2025 in Kerala Kaumudi Daily.

'10 Both parties agrees to this mediation settlement agreement and terms herein being recorded as also judgment/award being passed in terms of it.

Petitioner Respondent

joseph 'Rathyamma'@ Rathy Gokulan and Retnamma

in view of the above settlement, it is respectfully prayed that

judgment/award may be passed in terms of this settlement and aforesaid terms and condition agreed to between the parties, taking

it-on record.

Dated this the 27th day of March, 2025.

Respondent

Rathyamma:@ Rathy: Gakulan.

and Retnamma

'Counsel forthe Petitioner 'Counsel for the 'Respondent ERIN ao!

This settlement agreement is authenticated by me. Adv.Latha.K.(Mediator)