Kerala High Court
Janaky Amma vs Sheela Gabriyel And Another on 23 August, 2023
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HISH COURT OF KERALA AT ERNAKULAN PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 23° BAY OF AUGUST 2623 / IST BRAORA, 1945 eee BORER ie ees a PEST BLE. LR crthutteanted Manda eee SHAN AGAINST THE JUOGMENT DATED 31-87-2809 IN OS 4934/2007 OF PRINCIPAL SUS COURT, THRISSUR. APPELLANT SPLAINTIFS > t * ADDL. Ag JANARY ANMA, AGEO 78 YEARS, (DYED) WO. POZHATH BALAKRISHNAN NATR, AND DO, NADANBATTU AMMUKUTTY AMSA, PONALLUR DESOM, , NANALUR VILLAGE, THRISSUR TALUS. MOHAN RL BRISHNA, AGED G1 YEARS, &/@ LEELAVATHT AMMA, RESIQING AT MADANPAT HOUSE, NEAR PANTHOOE, RANMJANT, THRISSUR DISTRICT, PIN- §80 S22. * LEGAL REPRESENTATIVES OF DECEASED SOLE APPELLANT IS IMPLEADED AS AQDL. AS AS PER ORDER DATED 16-06-2023 IN T.A NOQ.2 GF 2931 IN RFA NO.2as OF S018. BY ADVS. SRI. P. RAQHARRISHNAN MADNU RAONAKRISHNAN THIS REGU 23.88.3823, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : SHEELA GABRTYEL, AGED NOT KNOWN, W/O. PALAKKAL PULLOKRARAN VARGHESE. PALTSSERY VILLAGE, THRISSUR TALUR, CRHERPU CO-QPERATIVE SANK, GNEVUR BRANCH, ONERPU, THRISSUR DISTRICT, REPRESENTED BY TTS SECRETARY, BY ADVS, SRI. P. RANAKRYISHNAN FOR R2 SRI.K.B GANGESH FOR Ri LAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON Sathish Ninan, 3. RRR PRR eS Ss ES SE ES NS RE BS RE RE OSS SE OS RE ES SS SST AE ES ROR IDOP ANDO ODOT PODOEINOK DONS geet ene JAANE DOK DOW DOU OT OD Deted this the 2206 'day of "August, 2823 The parties have settied their disputes in mediation. They have entered into a memorandum of agreernent incorporating the terms of the setiement. The Regular First Appeal is disposed of in terms thereat. The memorancum of settlement wil form part of ihe judgment The entire court fee paid in the appeal shall be refunded to fhe second appellant and an amount of Rs.5,50,000/-(Rupees five lakhs fifty thousand anly) kept under Fixed Deposit im tne South indian Bank, Kanjany, Thrissur, as per the orders of this Court, shall be released to the second appellant. All pending interlocutory applications will stand closed. Sc/- Sathish Ninan, Judge BEFORE THE HONORABLE HIGH COURT OF KERALA AT ERNAKULAM R.F.A No. 112 OF 2010 Janaky Amma (Died) & Anr Appellants VS Sheela Gabriyel and Anr : Resgondent MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 89 OF © THE CODE OF CIVIL PROCEDURE READ RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION). RULES. 2008: 2nd Appellant Mohan R @ Mohan B.krishana ans ist Respondent
Sheela Gabriyel agreed to settle the issues Invalved in the above appeal, as the original appellant Janaky Amma is no more alive and the Zac Appellant is her legal representative. The terms and conditions are as follows:
1. The gnd Appellant Mohan R @ mohan &.krishana agrees to pay an amonut of RS. 27,40,500/- (Rupees Twenty seven lakhs fourty thousand and five hundred only) as compensation te the Ist Respondent Sheela Gabriyel in addition to the sale consideration of RS. 28,59,500/- (Rupees twenty eight lakhs fifty nine thousand and five hundred only) of the slaint schedule property in OS.NO.491/2007 of the sub Court, Thrissur as agreed to by the 2nd Appellant and ist Respondent, EEF Pres Beers at
2. RS. 1,00,000/- (Rumees one lakhs aniy) out of the sale consideration of RS. 28,59,500/- (Rupees twenty eight Jakhs Ay nine thousand anc five hundred only) of the plaint ty schedule goroperty in OS.No.491/2007 of the sub court, Thrisuur fas already been paid as advance amount. The balance sale consideration of RS.27,59,500/- (Rupees twenty seven iakhs fifty nine thousand and five hundred only) is y read to be pald by the 2nd Appellant Mohan RK & Sad Fa ba R.Krishana to the ist Respondent Sheela Gaobriye!, and "ty towards the sarne and armount of RS.5,560,000/- Rut ipees five aks fifty thousand only} kept under Fixed Oeposit with & un §.South indian BAnk, Kanlany, Thrissur as per the orders of this Hon'ble Court in the above Agpeal, on the sarne being relased as ger orders fa be passed by this Hon'ble Court shall be paid within a period of 15 cays fram the cate of receipt of a copy of the orderfiudgment of this Hon'ble Court
3. The 2nd Agpellant Monan R @ Mohan R.krishana agrees to pay a sum of RS.15,00,000/- [Rupees fifteen [lakhs only} jut oof the above mentioned sale consideration of wo RS,.22,09,500/- (Rupees fbwenty two lakhs nine thousand and five hundred only} to the Ist Respondent Sheela Gabriyel on ar before 30/12/2023 3 & On receiot af the said amount the ist respondent Shesia Gabriyel agreed to discharge the llabllities with the following imstitutions wherein mortgage has been created in respect of the plaing schedule property or orders of attachments are obtained over the Same a} Co-operative Society, Cherpu 6b) Morel Kuries and loans Pvt Lic, Thrissur c} Luster Kurles Pyt Ltd, lrinfalakuda.
At any rate the ist respondent shall clear the dues In respect of the olaint schedule property on or before 31/03/2024, S. The Ist Respondent Sheela Gabriye! confirms that she has not created nor wil create any lability aver the property other than what is stated above, &. Onee the ist respondent Sheela Gabriyel discharges the Habilities with the above mentioned three institutions, the 2nd Appellant Mahan @ Mohan R.krishana agrees fo pay the balan sails consideration of Rs.7,09,500/- (Rupees Seven lakhs nine thousand and five hundred only} compensation amount of along with Rs.27,40,500/- (Rupees Twenty seven lakhs farty thousand and five hundred only} to the ist responcent Sheela Gabriyel on ar before 15/06/2004 a ?. On payment and receipt of the arnmounts as mentioned above the Ist Respondent Sheela Gabriyel agrees to execute and register the sale deed in respect of the plaint schedule oragerty In OS.NO.491/2007 of the Pri.Sub Court, Thrissur In the name of Sobha Mohan, W/o 2nd Appellant Mohan R @ Mohan Krishana. Expenses in relation to the documentation charges, starip duty, and registration charges shall be borne by the ist respondent Sheela Gabriyel treating RS.28,59.500/- (Rupees Twenty eight iakhs fifty nine thousand and five Auncred only} as the total sale EEE e consideration.
8. In case of default on the part of the Ist Respondent Sheela Gabriyel in executing and registering the sale deed as mentioned above, Zac Appellant Mohan R&R @ Mohan R.Rrishana shall be at liberty to get the sale deed executed and registered through the process of Court
9. In case of default on the part of 2nd Appellant Mohan & @ Mohan R.krishana in making payment as mentioned above, the ist respondent Sheela Gabrivye!l shall have liberty, at her sole discretion, either to grant extension of further time to effect payment of balance amount or to direct the 2nd Appellant Mohan R @ Mohan R.krishana ro surrender the vaccant possession of the plaint schedule property and the bullding situates therein and te return the amounts received fram 2nd Appellant Mohan RG @ Moh yan R. Krishana.
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10. On the fellure if any, on the part of 2nd Appellant Mohan R @ Mohan R.Krishana to surrender possession as mentioned above, the ist respondent Sheela Gabriyel shall be at liberty ta get eviction through process of court by way of execution of the decree to be passed in this Appeal.
ii. Yhe above Appeal may be disposed of a passing a decree recarding and in accordance with this settlement without any order as to cost, and refunding the eligible court Fee paid in Appeal to the 2nd Appellant.
Dated this the ist day of August, 2023 end Appellant - Mohan R @ Mohan R.krishanacs ist Respondent - 4. Sheela Gabrivyel ~ Ry ft i ; . Seer al By x _ Sect ae Py rand -- we fo \ iy -- oe * ; ~ oe PR NS _ -- 4 ww oS pas VA aw -- oe ~ . x ONS - we t iS wT we x os we ees ow ellant Counsel for the ist Respondent We 7 4 ;
age GANGESH K/ZS5 1 96 ; peice High Cat Rorais .
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