Kerala High Court
The Kadakam Service Co.Operative Bank ... vs A.K.Haris on 17 January, 2022
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERAIA AT ERNAKUI,AM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 17" DAY OF JANUARY 2022 / 27TH POUSHA, 1943
RSA NO. 73 0F 2007
AGAINST THE DECREE AND JUDCRENT DATED 30.09.2006 IN AS 6/2004
0F SUBORDINATE JUDGE 'S COURT, KASARAGOD
AGAINST THE DECREE AND ruD®4ENT IN Os 31/2oo2 OF pRINclpAL
MUNSIFF , KASARAGOD
APPELIANT/APPEliENT/DEFENDANT:
THE KADAKAM SERVICE CO.OPERATIVE BANK LTD.
MULLERIA, REP. BY ITS SECRETARY.
BY ADVS .
SRI.A.K.ABDUL AZEEZ
SRI . T . I .ABDUL SALAM
RESPONDENTS/RESPONDENT/PI.AINTIFF:
A . K . HAR I S , S/O.A.K.ABDULKIIADER,MUSLIM, TRADER, RESIDING AT MULLERIA OF ADHUR VILLAGE, KASARAGOD.
ADDL . A2 . KARADKA PANCIIAYATH, REPRESENTED BY ITS SECRETARY, KASARAGOD DISTRICT. (IS IMPLEADED AS ADDL.RESPONDENT NO.2 AS PER ORDER DATED 11.01.2007 IN RSA) .
BY ADV SRI.A.DINESH RAO THIS REGULAR SECOND APPEAL HAVING BEEN HEARD ON 17.01.2022, ALONG WITH RSA NOS.843/2007, 1128/2007, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.73, 843 a 1128 of 2007 IN THE HIGH COURT OF RERAIA AT ERNAKULAM PRESENT THE HONOuRABIH in.rusTlcE K. BABu MONDAY, THE 17" DAY OF JANUARY 2022 / 27TH POUSHA, 1943 RSA NO. 843 0F 2007 AGA,INST THE DECREE AND JUDGMENT DATED 06.07.2007 IN AS 5/2005 0F SUBORDINATE JUDGE 'S COURT, KASAF`AGOD AGA.INST THE DECREE AND .UDCRENT IN 0S 101/2004 0F PRINCIPAL MUNSIFF , KASARAGOD APPELIANT/RESPONDENT/DEFENDANT:
KADAGAM SERVICE CO-OP.BANK LTD. ,MULLERIA MULLERIA, REPRESENTED BY ITS SECRETARY, , MULLERIA, ADHUR VIL1.AGE, KASARAGOD TAljuK, , P.O.MULLERIA.
BY ADVS.
SRI . T . SETHUMADIIAVAN SRI . K . JAYESH MOHANKUMAR SRI . PUSHPARAJAN KODOTH RESPONDENT/APPELIANT/PIAINTIFF:
A . K . IIAR I S MULLERIA, ADHUR VILLAGE, , KASARAGOD TALUK AND DISTRICT .
BY ADV SRI.A.DINESH RAO THI S REGULAR SECOND APPEAL IIAVING BEEN HEARD ON 17.01.2022, ALONG WITH RSA NOS. 73/2007 AND 1128/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.73, 843 a 1128 o£ 2007 IN THE HIGH cOuRT OF RERAIA AT ERNART7im4 PRESENT THE HONOuRABLE rm.L}usTlcE K. BABu MONDAY, ` THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943 RSA NO. 1128 0F 2007 AGA.INST THE DECREE AND JUDGMENT DATED 06.07.2007 IN AS 4/2005 0F SUB0RI)INATE JUDGE I S COURT, KASARAGOI) AGAINST THE DECREE AND JUD®flNT IN 0S 101/2004 0F PRINCIPAL MUNSIFF COURT KASARAGOD APPEI.IINT/APPELI.ANT/DEFENDANT:
KADAKAM SERVICE CO-OP. BANK MULLERYA MULLERIA, REPRESENTED BY ITS SECRETARY, , MULLERIA, ADHUR VILI.AGE, KASARAGOD TALUK, , P.O.MULLERIA. BY ADVS .
SRI . T . SETHUMADIIAVAN SRI . K . JAYESH MOHANKUMAR SRI. PUSHPARAJAN KODOTH RESPONDENT/RESPONDENT/PIAINTIFF:
A . K . HARIAS S/O.A.K.ABDUL KADER, , MULLERIA, ADHUR VILLAGE, , KA.SARAGOD TALUK AND DISTRICT.
BY ADV SRI.A.DINESH RAO THIS REGULAR SECOND APPEAL HAVING BEEN HEARD ON 17.01.2022, ALONG WITH RSA NOS.73/2007 END 843/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.73, 843 a 1128 of 2007 K.BABU, J' R,S.A. Nos. 73, 843 & 1128 of 2007 Dated this the 17th day of January, 2022 IUDGMENT These Regular Second Appeals arise from the judgments and decrees passed by the Subordinate judge's Court, Kasaragod in A.S.Nos.6 of 2004, 5 of 2005 and 4 of 2005, The parties were referred to mediation. A report has been submitted by the Mediator, District Mediation Centre, Kasargod, 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 JtJDGE VPK D 6Cj33|S\ 082706 No: DMC-K 51/2021 District Mediation Centre Kasaragod Date : 22/12/2021 // From The Convenor / Sub Judge /` District Mediation Centre, ;i' / BF--E &u£' Court Complex, Vidya Nagar, Kasaragod. \` To The Registrar (Judicial), High Court of Kerala, Emakulam, Kochi.
Sir, Sub: -Mediation in RSA 73/2007, Report -Reg.
Ref: -Letter dated 25-10-2021 of Registrar (Judicial, High Court of Kerala).
Kindly see the reference above. The Matter has been settled in between parties and the Mediation Report submitted by the Mediator Sri. Ramakrishna. P, Advocate is forwarded herewith.
Yours faithfully / Sub Judge L-
D 6oB\lQ\ No: DMC-K 52/2021 082705 District Mediation Centre Kasaragod Date : 22/12/2021 / From The Convenor / Sub Judge 2.P OEC` 110i'' District Mediation Centre, Court Complex, Vidya Nagar, Kasaragod. '. -1` To The Registrar (Judicial), High Court of Kerala, Emakulam, Kochi.
Sir, Sub: -Mediation in RSA 843/2007, Report -Reg. ® Ref: -Letter dated 25-10-2021 of Registrar (Judicial, High Court of Kerala).
Kindly see the reference above. The Matter has been settled in between parties and the Mediation Report submitted by the Mediator Sri. Ramakrishna. P, Advocate is forwarded herewith.
n Yours faithfully 082704 District Mediation Centre No: DMC-K 50/2021 Kasaragod Date : 22/12/2021 /,,,` .
From `/.,,,
The Convenor / Sub Judge `,,
{,;`` 2F nEc ,zitl#£
District Mediation Centre,
Court Complex, Vidya Nagar,
Kasaragod.
To
The Registrar (Judicial),
High Court of Kerala,
Emakulam, Kochi.
Sir,
Sub: -Mediation in RSA 1128/2007, Report -Reg.
Ref: -Letter dated 25-10-2021 of Registrar (Judicial, High Court of Kerala).
ii! Kindly see the reference above. The Matter has been settled in between parties and the Mediation Report submitted by the Mediator Sri. Ramakrishna. P, Advocate is forwarded herewith.
\.\ Yours faithfully ®
DISTRICT MEDIATION CENTRE KASARAGOD HON'BLE HIGH COURT OF KERALA ERNAKULAM.
CASENO .... R.S.A 11Z8/Z007 (Against the Decree and judgement in O.S 101/2004 of Principal Munsiff Court Kasaragod and in A.S 4/2005 of Subordinate Judge's Court Kasaragod.) (Partly Decreed was challenged) R.S.A 843/2007 (Against the Decree and judgement in O.S 101/2004 of Principal Munsiff Court Kasaragod and in A.S 5/2005 of Subordinate Judge's Court Kasaragod (partly Decreed by Munsiff was fully decreed.) rl R.s.A i3 nirNn (Against the Decree and judgement in O.S 31/2002 0ointly tried along with O.S 257/ 2001) of Principal Munsiff Court Kasaragod and in A.S 4/2005 of Subordinate Judge's Court Kasaragod.) MEDIATION FILE NO:
DISPOSAL NO: Disposal date: 20.12.2021 Kadakam Service Co-Operative Bank Mulleria Represented by its secretary ... Appellant.
(Defendant in O.S 257/2cO1, O.S 31/2002 AND 0 S 101/2004) AND A.K. HARIS ... Respondent.
(Plaintiff in in O.S 257/2001, 0.S 31/2002 AND 0 S 101/2004) Memorandum of a_a_r_ee_ment under Section 89 of Code o Civil Procedure Rule 24 a the Civil Procedure Alternative Dis ute Resolution Rules 2008. The parties above named beg to submit as follows, The aforesaid appeals were referred to mediation for resolving the en the parties.
u ln course of the mediation they have resolved their dispute and have agreed to the following terms and condition
1. O.S 257/ 2001 was filed by the Respondent herein for permanent prohibhitory injunction and a suit o.S 31/2002 was filed for Mandatory injunction were jointly tried and the Principal Munsiff Court I(asaragod Partly Decreed the suit with direction to remove the steps constructed by the Appellant in Schedule 8 . O.S 31/2002 was tried with O.S 257/2001. A.S 5/2005 filed by the plaintiff was allowed and the A.S 6/2005 filed by the defendant was Dismissed after the joint hearing.
2. Respondent filed another suit o.S 101/2004 alleging that the Plaint A Schedule property in all the above suits belonged to him and that the 8 Schedule property measuring 6 cents belongs to the u Appellant /Defendant and the construction made therein is in violation of provisions contained in Section 220 of Kerala Panchayath Raj Act 1994. The Plaintiff /Respondent prayed for a Mandatory injunction to remove the construction made within a distance of 3 Metres from the North Eastern Boundary of Plaint 8 Schedule property abutting the road named Mulleria -Parthakochi Road (alleged to be) panchayath road. 0.S 101/2004 was Decreed by the court. A.S 4/2007 was preferred against the said Decree by this Appe] before the Subordinate Judge's Court Kasaragod was dismissed.
3. Both the parties after due deliberations for more than 6 lengthy sitting discussing the pros and cons of the litigation realised that the lower court Decrees and Judgments were obtained in the absence of the Karadka Grama Panchayath. The fact that whether the Parthakochi -Mulleria Road is notified by the local Authority is not ascertained in the suit and the Appeals throughout. The parties understand the fate of such a suit Decree and Judgment if considered in that perspective and hereby decide to put an end to the dispute and decided to resolve the dispute for ever. All the above-mentioned Regular Second Appeals may be allowed. The Plaintiff is not pressing the suits O.S 257/2001, O.S 31/2002 and O.S 101/2004 in view of the aforesaid legal anomaly crept while filing the suits aforementioned which the Plaintiff realise only now.
Hence the parties pray that the Decree and judgement of the lower c`u#\egivt::i:and 0.S 257/2001, O.S r+",.I`\a,* 31/2002and O.S 101/2004 may be dismissed as not pressed. The Plaintiff submits that this agreement itself is a memo to dismiss all the suits as prayed above. Both the parties are ready to bear their costs throughout.
4. Boththe parties praythatthe Regularsecond Appeals may be disposed of in terms of this mediation settlement.
5. In view of the aforesaid agreement entered into between the parties the parties pray that the suits be dismissed /disposed of inter¥~of the aforemendtioned agreement.
6. In view of the aforementioned agreement the plaintiff prays for refund of full court fee/ institution fee.
7. Parties will appear on before the Hon'ble court to passing orders/Decrees inters of the abovesaid agreement. rl Sr ,' /-`r-
SGctt€TASV e, v, Advocate for Defendant VERIFICATION We the parties abovenamed, do hereby solemnly state and declare that what is contained in the entire agreement in all the pages are true to the best of our knowledge information and beliefs.
Kasaragod `,=fro`# 20.12.20Z1 JEE+i=ITif E