Kerala High Court
Bensy @ Bonefas Rodrigues vs T.M.Koya on 4 April, 2022
IN THE HIGH COURT 0F KERALA AT ERNAKULAM
PRESENT
THE HONouRABLE rm.]uSTICE K. BABu
MONDAY, THE 4TH DAY 0F APRIL 2022 / 14TH CHAITHRA, 1944
RSA NO. 13410F 2015
AGAINST THE DECREE AND JUDGMENT DATED 3®.10.2013 IN AS 18/2012
0F SUB COURT,KOCHI
AGAINST THE DECREE AND JUDGMENT DATED 29.02.2012 IN 0S
43®/2009 0F ADDITIONAL MUNSIFF COURT,KOCHI
APPELLANT/RESPONDENT/PLAINTIFF:
BENSY @ B0NEFAS RODRIGUES
AGED 55 YEARS
S/0 MERCILLIN RODRIGUES, KOLLAMVELIYAKATH
HOUSE,NJARAKKAL PO, KOCHI TALUK
BY ADVS.
SRI . G . HARIHARAN
SRI.PRAVEEN HARIHARAN
RESPONDENTS/APPELLANTS/DEFENDANTS:
T.M.KOYA, AGED AROUND 66 YRRAS, S/0 MUHAMMEDUNNI, THERAYIL HOUSE,1X/1112, MALIPPURAM PO, KOCHI TALUK, 682 511 *2 SEBASTIAN, AGED AROUND 48 YEARS, (DELETED), S/0 ANTONY, THEKKEVEETIL HOUSE,NJARAKKAL PO, KOCHI-TALUK-682 505 *3 BABU, AGED AROUND 54 YEARS, (DELETED) S/0 THANKAPPAN, ANCHALASSERY HOUSE, ELAMKUNNAPUZHA PO, KOCHI TALUK-682 503 (*RESPONDENTS 2 AND 3 ARE DELETED FROM THE PARTY ARRAY AT THE RISK 0F THE APPELLANT AS PER ORDER DATED 04.04.2022 IN IA.1/2022.) BY ADVS.
SRI.ABDUL JALEEL.A FOR RI
SMT. SULFIA M.A. FOR RI
SMT. SHEHEERA P.Y FOR R1
RSA NoS.1341 of 2015 & 99 of 2®16 SRI.P.K.ABDU RAHEEM FOR R3 SRI.P.CHANDRASEKHAR FOR R3 SRI.K.NANDAKUMAR FOR R3 SRI.S.PRASANTH FOR R3 SMT.UMA FOR R3 THIS REGULAR SECOND APPEAL HAVING BEEN HEARD 0N 04.04.2022, ALONG WITH RSA.99/2016, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:
RSA Mos.1341 of 2015 & 99 of 2016 IN THE HIGH COURT 0F KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU MONDAY, THE 4TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 RSA NO. 99 0F 2016 AGAINST THE DECREE AND JUDGMENT DATED 30.10.2013 IN AS 20/2012 0F SUB COURT,KOCHI AGAINST THE DECREE AND JUDGMENT DATED 29.®2.2012 IN OS NO.430/2®®9 0F ADDITIONAL MUNSIFF COURT,l{OCHI APPELLANT/1ST RESPONDENT/PLAINTIFF :
BENSY @ B0NEFAS RODRIGUES
AGED 55 YEARS
S/0. MERCILLIN RODRIGUES, KOLLAMVELIYAKATH HOUSE,
NJARAKKAL P.0., KOCHI TALUK.
BY ADVS.
SRI . G . HARIHARAN
SRI . PRAVEEN . H .
RESPONDENTS/RESPONDENTS 2 AND 3 AND APPELLANT/DEFENDANTS:
TM KOYA, AGED AROUND 66 YEARS, S/0. MUHAMMEDUNNI, THERAYIL HOUSE, IX/1112, MALIPPURAM P.0., KOCHI TALUK -682 511.
*2 SEBASTIAN , ( DELETED ) AGED 47 YEARS S/0.ANTONY, THEKKEVEETIL HOUSE, NJARAKKAL P.0, KOCHI TALUK -682 505, *3 BABU , ( DELETED ) AGED 54 YEARS S/0. THANKAPPAN, ANCHALASERY HOUSE, ELAMKUNNAPUZHA P,0., KOCHI TALUK -682 503.
(*RESPONDENTS 2 AND 3 ARE DELETED FROM THE PARTY ARRAY AT THE RISK 0F APPELLANTS AS PER ORDER DATED 04.04.2022 IN IA.1/2022.) BY ADVS.
SMT.SHAHEERA.P.J FOR R1 RSA NoS.1341 of 2015 & 99 of 2016 SRI.ABDUL JALEEL.A FOR RI SMT.M.A.SULFIA FOR RI SRI.P.CHANDRASEKHAR FOR R3 SMT.MARY RESHMA GEORGE FOR R3 SMT.P.M.MAZNA MANS00R FOR R3 SRI.S.PRASANTH FOR R3 THIS REGULAR SECOND APPEAL HAVING BEEN HEARD ON 04.04.2022, ALONG WITH RSA.1341/2015, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:
RSA Mos.1341 of 2015 & 99 of 2016 K.BABU, I. R.S,A. Nos,1341 of 2015 & 99 of 2016 Dated this the 4th day of April, 2022 luDGMENT These Regular Second Appeals arise from the common judgment passed by the Subordinate judge's Court, Kochi, in A.S.Nos. 18 of 2012 and 20 of 2012, The parties were referred to mediation, A report has been submitted by the Mediator, Ernakulam Mediation Centre (High Court Hall), Ernakulam, stating that the disputes have been settled. The memorandum of agreement is appended to the report. It is stated in the memorandum that, the disputes between the parties have been amicably settled. The terms arrived at between the parties are lawful.
Hence, these Regular Second Appeals are disposed of, recording the aforementioned agreement entered into between the parties. The memorandum of agreement shall form part of this judgment.
Sd/-
K . BABU JUDGE VPK ERNAKULAM MEDIATION CENTRE (H.GH COURT HALL) 2nd floor. above SBl, lliah Court buildina, Emakulam, Kochi -31.
(ph.o484-2562238:ated„€.a.\.?..[.€` EMC/Reg. No.. i.hha[l\ From The Nodal Officer, High Court Mediation Centre.
TO The Registrar Uudicial), High Court of Kerala.
Ernakulam Sir, Sub:-Mediation of referred cases -Reg. Ref:-Referral order in .....fro..Of.`¢„.3.A..(.\.I..J...|£.ha\ ` 15' f the Hon'ble High Court of Kerala. The report of the Mediator in the matter along with the :i::`:- enclosures is furnished herewith for information and necessary action.
frl\\ Yours faithfully,
L
Nodal Officer
Ernakulam Mediation Centre Eiiil Enc': 21 :::;rtof°:etfheeIT:,eod::::r;:tee:'e::in;:g\r;e\meonftthe H,gh court of Keraia
3. Copy of Petition./ BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM RSA Nos. 99/2016 & 1341/2015 Bensy @ Bone fas Rodrigues Appellant Vs. ® T.M Koya & Others Respondents REPOFITSUBMIITEDBYTHEML4EPIAIQB ADV. B.S. SURESH Mediated, matter is settled.
Terms and conditions are attached herewith.
Dated this the 23rd day of March, 2022. ® KERALA AT ERNAKULAM BSA_Nos_. 99/2016 a 1341/2Q±± Bensy @ Bone fas Rodrigues Appellant Vs. T.M Koya & Others Respondents ® E|L:=GR:o:::':DE=N=T:cRt:E:A:D:`E=:I,]E`E,U:LT=:,:I BEFORE THE HONOURABLE HIGH COURT OF RULES. 2008:
lt is submitted that Respondent Nos 2 and 3 are not necessary parties and they are having no connection with the dispute or in conhection with the plaint schedule property and hence this matter is settled in between Appellant and first respondent. The first respondent who is the auction purchaser of the plaint schedule property in EP,No.159/2006 in OS.No.430/2009 of Munsiff.s Court, Kochi, is hereby a agreed to restore the plaint schedule property in the name of Bensy @ Bone fas Rodrigues in terms of the following conditions:
1. The appellant Bensy@ Bone fas Rodrigues hereby agreed to pay an amount of Rs.5,00,000/- (Rupees Five Lakh only) as full and final settlement for setting aside the purchase certificate issued by the Hon'ble Munsiff's Court, Kochi in OS.No.430/2009.
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2. The lst respondent is having no obj.ection to set aside or quash the purchase certificate dated 19/09/2008 issued by the Hon'ble Prl, Musiff's Court, Kochi in EP.No.159/2006 in OS.No.440/2005.
3. It is further agreed by the appellant that the above said amount will be handed over by way of Demand Draft or through Bank transfer ® to the lst Respondent on or before 04/04/2022.
4. On failure on any terms stated above and if the appellant fails to pay the amount in time, the lst respondent is entitled to proceed with the terms of Purchase Certificate as its exclusive owner.
5. Both parties agree to settle all the connected matter relating to this dispute including RSA No,1341/2015 pending before this Hon'ble Court.
Dated this the 23rd day of March, 2022.
®
Appellant 1st Respondent
Bensy
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Advoca't#Appellant Advocate for lst Respondent
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