The High Court of Kerala disposed of a criminal revision petition challenging an order refusing suspension of a criminal proceeding due to a pending civil suit. The court settled the matter based on a mediation agreement between parties involving a disputed pathway.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
MONDAY, THE 2ND DAY OF JULY 2012/11TH ASHADHA 1934
Crl.Rev.Pet.No. 2132 of 2005 ( )
ORDER NOF.375/2004/L Dis. of SUB DVL.MAGISTRATE, ALAPPUZHA
REVISION PETITIONER(S):
PANKAJAKSHAN, S/O.SANKARAN, AGED 57 YEARS, CHANKANTHARA KADAVIL, AROOR.P.O., CHERTHALA, ALAPPUZHA.
BY ADVS.SRI.P.SANJAY
SRI.A.PARVATHI MENON
RESPONDENTS/COMPLAINANT(S) & STATE:
BY ADV. SRI.K.T.SHYAMKUMAR FOR R2
BY P.P.SRI.BIJU MEENATHOOR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.T.RAVIKUMAR, J.
Crl.R.P.No.2132 of 2005
Dated 2nd July, 2012
ORDER
This revision petition has been filed against the order bearing No.F.375/04/L.Dis. dated 3.2.2005 on the file of the Sub Divisional Magistrate, Alappuzha. As per the said order, the Sub Divisional Magistrate rejected the petition citing pendency of a civil suit as a ground. It is in the said circumstances that this revision petition has been filed against the said order refusing to exercise the power under section 133 of the Code of Criminal Procedure by the Sub Divisional Magistrate. Essentially, the lis that led to the filing of the petition under section 133 Cr.P.C. and culminated in the impugned order pertains to right of use of the disputed pathway. Parties have attempted for amicably settling the dispute through mediation and succeeded in that. The memorandum of mediation settlement containing the terms of settlement has been produced. In the circumstances, I do not think it necessary to delve into the facts any further. The terms and conditions of the settlement dated 11.6.2012 will form part of this order. Needless to say that hereinafter, the parties will be bound by the terms and conditions in the settlement annexed herewith.
The revision petition is disposed of accordingly.
TKS
Pankajakshan
State of Kerala
Rajappan
C.T. Ravikumar
As recorded by the court registry
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