Kerala High Court
G.Ramachandra Warrier vs Krishnan.R.(Minor) on 22 November, 2001
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 1ST DAY OF APRIL 2014/11TH CHAITHRA, 1936
AFA.No. 56 of 2002 ( )
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AGAINST THE ORDER/JUDGMENT IN AS 53/1997 of HIGH COURT OF KERALA
DATED 22-11-2001
APPELLANTS/DEFENDANTS 1 TO 3:
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1. G.RAMACHANDRA WARRIER
THOTTAKKATTUKARA, ALUVA.
2. M.G.RAMACHANDRA WARRIER,"LATHA NIVAS",
C.C.39/1649, WARRIAM ROAD, ERNAKULAM.
3. PARVATHI LLATHAI OF KARUKAPPILLI
WARRIAM, "LATHA NIVAS", CC.39/1649
WARRIAM ROAD, ERNAKULAM.
BY ADVS.SRI.S.ANANTHASUBRAMANIAN
SRI.S.SHYAM
SRI.N.K.KARNIS
SRI.N.SUKUMARAN
SMT.PARVATHY ANIL
SRI.N.K.KARNIS
/RESPONDENTS/PLAINTIFF NO.2 AND 4TH DEFENDANT:
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1. KRISHNAN.R.(MINOR)
FATHR AND GUARDIAN, K.S.RAMA WARRIER, ADVOCATE
RESIDING AT N.G.O. QUARTERS, THRIKKAKARA, KAKKANADU.
2. PARVATHI WARRASSYAR @ AMMINI,
OF KARUKAPPILLI WARRIERM, RESIDING AT LATHA NIVAS
CC.39/1649, WARRIAM ROAD, ERNAKULAM.
ADDL.R3:K.S. BALAKRISHNA WARRIYAR, 'ARATHI',
20, PTP NAGAR, THIRUVANANTHAPURAM=PIN 695 038.
R1 & R2 BY ADV. SRI.D.KRISHNA PRASAD
BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.)
BY ADV. SRI.K.THULASIDAS
R3 BY SHRI S. JAMES VINCENT
(ADDL.R3 IMPLEADED AS PER ORDER IN IA NO.83/2014 DT.1.4.2014)
THIS APPEAL FROM FIRST APPEAL HAVING BEEN FINALLY HEARD ON
01-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR &
K. ABRAHAM MATHEW, JJ.
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A.F.A.No.56 of 2002
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DATEDTHIS THE 1ST DAYOFAPRIL, 2014
JUDGMENT
Ramachandran Nair, J.
This appeal was posted along with I.A. No.787/2014 wherein the request is to call for the mediation report in A.S. No.398/1994 of and to dispose of the appeal on the basis of the compromise recorded therein.
2. We heard learned counsel for the appellants, Shri S. Shyam and learned Senior Counsel Shri S.V. Balakrishna Iyer appearing for the respondent.
3. We have perused the report of the Mediator. Clauses 3 and 11 of the Memorandum of Settlement are extracted below:
"3. The parties have decided to divide and take separate possession of property having an actual extent of 4.77 cents in Survey Nos.855/18 & 855/12 of Ernakulam village, located at Warriam Road now A.M. Thomas Road, Ernakulam, which is the subject matter of dispute in AFA No.56 of 2002 pending before this Hon'ble High Court of Kerala and covered by sale deed No.2814/86 of SRO Ernakulam as shown in plan and schedule appended herewith Schedules A7 and D5. The property having AFA No.56/2002 -2- extent of 1.7 cents is allotted to Krishnan R. Warrier, S/o. K.S. Rama Warrier by way of deed No.415/1991 and K.S. Rama Warrier by the deed No.790/1996 as their 2/5th share & 2.67 cents to Latha K., G. Ramachandra Warrier & M.G. Ramachandra Warrier as their 3/5th share leaving 0.4 cents as common area for ingress & egress to the respective shares. Parties have decided to build 2 (Two) buildings side by side without leaving any space between for which necessary consents by the respective parties are exchanged on execution of this settlement agreement. The required documents with the consent letter/joint applications of the parties if necessary will be submitted to the Corporation Authorities/Government for getting necessary exceptions and concessions under the building rules as regards open spaces to be left around the building (If necessary parties will execute and exchange agreements on stamp paper). The demolition of existing building will be done within six months from the date of the recording of this settlement agreement by the Hon'ble High Court of Kerala. The parties will not transfer or sell their respective plots to strangers till the completion of the new building within a maximum period of one year from the date of demolition. All cases/suits between the parties in connection with the properties are settled. Both the parties or their survivors have to strictly comply with the conditions without fail. The basic tax with respect to the common area of 0.4 cents will be paid to the Village Authorities by Krishna R. Warrier as the first party in the AFA No.56/2002 -3- odd years and Smt. Latha and 2 others as second party in the even years respectively.
11. Parties agree that mutation in survey records will be effected in accordance with this settlement agreement. We dispose of this appeal in terms of the settlement. A revised final decree will be passed by the court below. The parties will produce the sketch before the court below. We direct the parties to appear before the court below on 2.6.2014 and every endeavour will be made by the court below to dispose of the matter finally, on or before 15.7.2014. A copy of the Memorandum of Settlement will be attached to the judgment and decree. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (K. ABRAHAM MATHEW, JUDGE) kav/ AFA No.56/2002 -4- T.R.RAMACHANDRANNAIR & K. ABRAHAM MATHEW,JJ.
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A.F.A.No.56 of 2002
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JUDGMENT 1ST DAY OF MARCH, 2014