Kerala High Court
Juliana Santhosh vs M/S.Meadow Homes Pvt. Ltd on 9 February, 2016
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 28TH DAY OF MARCH 2017/7TH CHAITHRA, 1939
OP(C).No. 413 of 2017 (O)
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OS 57/2015 of PRL.MUNSIFF COURT, ERNAKULAM
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PETITIONER/1ST DEFENDANT :
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JULIANA SANTHOSH
AGED 52 YEARS, W/O. SANTHOSH JOSEPH,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
MR.JAISON C.K., AGED 56 YEARS,
S/O.LATE MR.C.J.KORAH,
RESIDING AT CHIRAYIL VELOOR P.O., KOTTAYAM.
BY ADVS.SRI.G.S.REGHUNATH
SRI.PV.SALIM
RESPONDENTS/PLAINTIFFS & 2ND DEFENDANT :
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1. M/S.MEADOW HOMES PVT. LTD.
V-143 C 27, NEAR MODEL ENGINEERING COLLEGE
MANSION, KARUMAKKAD, KAKKANAD,COCHIN-68202
REPRESENTED BY ITS MANAGING DIRECTOR,
T.P.PAUL, AGED 43 YEARS, S/O.PAPPACHAN.
2. M/S. HOLY FAITH BUILDERS AND DEVELOPERS PVT.
LTD.34/2353, MAMANGALAM, PALARIVATTOM,
ERNAKULAM, COCHIN-682025,
REPRESENTED BY ITS MANAGING DIRECTOR,
SANY FRANCIS, AGED 51 YEARS,
S/O. LATE K.C.FRANCIS.
3. M/S.HORIZON VENTURES PVT. LTD.
47/372-A, PALLIKKAVU TEMPLE ROAD,
VADUTHALA, ERNAKULAM,COCHIN-682023,
REPRESENTED BY ITS MANAGING DIRECTOR,
PRINCE JOSEPH, AGED 59 YEARS, S/O.LATE JOSEPH,
RESIDING AT FLAT NO .17-D, EXPRESS ESTATE,
KALOOR, ERNAKULAM, COCHIN-682017.
OP(C).No. 413 of 2017 (O)
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4. ANTONY C.ETTUKETTIL, AGED 46 YEARS,
S/O.LATE M.A.CHERIAN, DOOR NO.45/639,
ETTUKETTIL HOUSE, VADUTHALA DESAM AND P.O.,
CHERANALLOOR VILLAGE, ERNAKULAM,
COCHIN-682023, NOW RESIDING AT ORIENT PARK,
POPULAR ROAD,VADUTHALA, ERNAKULAM,
COCHIN-682023.
*ADDL.R5 IMPLEADED :
5. T.T.BABY, AGED 76 YEARS,
S/O. THARU, RESIDING AT ALKALEJ,
ARISTO ROAD, THRISSUR.
* ADDL. R5 IS IMPLEADED IN THIS OPC AS PER
ORDER DT 20/3/2017 IN IA NO. 499/2017.
R1 TO R4 BY ADVS. SRI.B.MUHAMMED SHAHEEL
SREEKUMAR G (CHELUR) (B/O)
ADDL.R5 BY ADVS. SRI.P.V.JAYACHANDRAN
SRI.NIDHI BALACHANDRAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION
ON 28-03-2017 ALONG WITH OPC 411/2017,THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
OP(C).No. 413 of 2017 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: TRUE COPY OF THE POWER OF ATTORNEY DATED
9-2-2016 EXECUTED BY PETITIONER IN FAVOUR
OF JAISON C.K.
EXHIBIT P2: TRUE COPY OF THE PLAINT IN O.S.NO.57/2015
ON THE FILE OF MUNSIFF'S COURT, ERNAKULAM
DATED 9-1-2015.
EXHIBIT P3: TRUE COPY OF THE I.A.NO.290/2015 IN
O.S.NO.57/2015 ON THE FILE OF MUNSIFF
COURT, ERNAKULAM DATED 9-1-2015.
EXHIBIT P3(A): TRUE COPY OF THE ORDER DATED 13-1-2015 IN
I.A.NO.290/2015 IN O.S.NO.57/2015 OF
MUNSIFF'S COURT, ERNAKULAM.
EXHIBIT P4: TRUE COPY OF THE INJUNCTION APPLICATION
IN O.S.NO.57/2015 ON THE FILE OF
MUNSIFF'S COURT, ERNAKULAM
DATED 2-11-2015.
EXHIBIT P5: TRUE COPY OF THE WRITTEN STATEMENT IN
O.S.NO.57/2015 ON THE FILE OF THE
MUNSIFF'S COURT, ERNAKULAM
DATED 14-8-2015.
EXHIBIT P6: TRUE COPY OF THE COMMISSION REPORT DATED
27-10-2015 IN I.A.NO.7126/2015 IN
O.S.NO.57/2015.
EXHIBIT P7: TRUE COPY OF THE AGREEMENT
DATED 23-2-2007 EXECUTED BETWEEN
RESPONDENTS AND PETITIONER.
EXHIBIT P8: TRUE COPY OF SALE DEED NO.1468/2007
DATED 17-3-2007.
EXHIBIT P9: TRUE COPY OF ORDER DATED 1-2-2016 IN
I.A.NO.10501/2015 & I.A.NO.10502/2015 IN
O.S.NO.57/2015 OF THE MUNSIFF'S COURT,
ERNAKULAM.
OP(C).No. 413 of 2017 (O)
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EXHIBIT P10: TRUE COPY OF JUDGMENT DATED 5-1-2014 IN
C.M.A.NOS. 17/2016 & 18/2016 OF THE II
ADDL. DISTRICT COURT, ERNAKULAM.
EXHIBIT P11: TRUE COPY OF THE CERTIFICATE DATED
14-8-2015 UNDER SECTION 65 B OF THE
EVIDENCE ACT WHICH IS PRODUCED AS
EXHIBIT-A1 PRODUCED BEFORE THE MUNSIFF'S
COURT, ERNAKULAM IN O.S.NO.57/2015.
EXHIBIT P12: TRUE COPY OF THE CERTIFICATE DATED
14-8-2015 UNDER SECTION 65 B OF THE
EVIDENCE ACT WHICH IS PRODUCED AS
EXHIBIT-A2 PRODUCED BEFORE THE MUNSIFF'S
COURT, ERNAKULAM IN O.S.NO.57/2015.
EXHIBIT P13: TRUE COPY OF THE CERTIFICATE DATED
14-8-2015 UNDER SECTION 65 B OF THE
EVIDENCE ACT WHICH IS PRODUCED AS
EXHIBIT-A3 PRODUCED BEFORE THE MUNSIFF'S
COURT, ERNAKULAM IN O.S.NO.57/2015.
EXHIBIT P14: TRUE COPY OF THE CERTIFICATE DATED
14-8-2015 UNDER SECTION 65 B OF THE
EVIDENCE ACT WHICH IS PRODUCED AS
EXHIBIT-A4 PRODUCED BEFORE THE MUNSIFF'S
COURT, ERNAKULAM IN O.S.NO.57/2015.
EXHIBIT P15: TRUE COPY OF THE CERTIFICATE DATED
14-8-2015 UNDER SECTION 65 B OF THE
EVIDENCE ACT WHICH IS PRODUCED AS
EXHIBIT-A5 PRODUCED BEFORE THE MUNSIFF'S
COURT, ERNAKULAM IN O.S.NO.57/2015.
EXHIBIT P16: TRUE COPY OF THE CERTIFICATE DATED
14-8-2015 UNDER SECTION 65 B OF THE
EVIDENCE ACT WHICH IS PRODUCED AS
EXHIBIT-A6 PRODUCED BEFORE THE MUNSIFF'S
COURT, ERNAKULAM IN O.S.NO.57/2015.
EXHIBIT P17: TRUE COPY OF THE CONSOLIDATED AND JOINT
CLAIM STATEMENT SUBMITTED BEFORE JOINT
ARBITRATORS WHICH IS PRODUCED AS EXHIBIT
A10 IN O.S.NO.57/2015 ON THE FILE OF
MUNSIFF COURT, ERNAKULAM.
OP(C).No. 413 of 2017 (O)
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EXHIBIT P18: TRUE COPY OF OBJECTION DATED 12-1-2013 TO
CLAIM STATEMENT SUBMITTED BEFORE JOINT
ARBITRATORS WHICH IS PRODUCED AS EXHIBIT-
A11 IN O.S.NO.57/2015 ON THE FILE OF
MUNSIFF'S COURT, ERNAKULAM.
EXHIBIT P19: TRUE COPY OF CERTIFICATE DATED 10-9-2015
UNDER SECTION 65 B OF THE EVIDENCE ACT
WHICH IS PRODUCED AS EXHIBIT-A15 PRODUCED
BEFORE THE MUNSIFF'S COURT, ERNAKULAM IN
O.S.NO.57/2015.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.S. TO JUDGE
bp
A. Muhamed Mustaque, J.
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O.P.(C)Nos.411 & 413 of 2017
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Dated this the 28th day of March, 2017.
JUDGMENT
In these original petitions, the petitioners approached this court impugning the interim orders. The parties were referred to mediation. In the mediation, the parties arrived at a settlement. In such circumstances, this court is of the view that the suit itself can be disposed of by the court below based on the compromise. Accordingly, the original petitions are disposed of. Registry is directed to forward the Mediation Settlement Agreement produced in this case to the court below. The court below shall pass a decree in terms of the settlement. I.A.558 of 2017 in O.P.(C)No.411 of 2017 It is to be noted that some of the third parties got impleaded in the original petition. They were not parties to the suit. The petitioner also entered into a compromise with the Apartment Owners' Association. In the circumstances, this court is of the view that, before passing the O.P.(C)Nos.411 & 413 of 2017 -:2:- decree, the Apartment Owners Association has to be impleaded in the suit and the decree shall be passed by the court below based on the compromise.
A.Muhamed Mustaque, Judge.
sl.