Allowed

Shibu Mathew v. Samuel Kunjumon

Kerala HC30 May 2012Mat.Appeal/229/2011

Case brief

AI extract

What is this about?

This matrimonial appeal was disposed of based on a mediation settlement agreement wherein the appellant agreed to pay Rs.2,75,000 to the respondent to lift property attachment and settle all claims conclusively.

What did the court decide?

Upheld the mediation settlement agreement; appeal disposed of mutually as per the agreement terms with the appellant to pay Rs. 2,75,000 and the respondent to lift the property attachment.

Shibu Mathew Vs Samuel Kunjumon — Specific Performance | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.T.SANKARAN

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THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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WEDNESDAY, THE 30TH DAY OF MAY 2012/9TH JYAISHTA 1934

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Mat.Appeal.No. 229 of 2011 ( )

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OP.700/2005 of FAMILY COURT, ALAPPUZHA

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APPELLANT(S)/APPELLANT/1ST COUNTER PETITIONER.:

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SHIBU MATHEW, AGED 33 YEARS, S/O. MATHEW IYPE, POOVANNUMOOTTIL HOUSE POOVANNUMOODU, PIRAVANTHOOR P.O., PUNALOOR KOLLAM . REP. BY ITS P/A.HOLDER SHINE P.JACOB.

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BY ADVS.SMT.S.K.DEVI

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SRI.SANTHOSH P.ABRAHAM

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RESPONDENT(S)/2ND PETITIONER.:

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SAMUEL KUNJUMON, REPRESENTED BY POWER OF ATTORNEY HOLDER GRACY KUNJUMON, JESSY VILLA, KODUKULANJI CHENGANNUR P.O, PIN - 689 121.

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BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) BY ADV. SRI.A.R.DILEEP

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 30-052012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.

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Mat. Appeal No.229 of 2011 ----------------------------------------------Dated 30^th May, 2012.

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J U D G M E N T

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K.T.Sankaran, J.

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The Mat. Appeal is filed, challenging the order dated

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26.9.2009 in O.P.No.700/05 on the file of the Family Court, Alappuzha. The disputes between the parties were settled before the Mediation Centre and a memorandum of mediation settlement agreement was arrived at on 22.3.2012. That agreement reads as follows :

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“(1) The appellant agrees to pay an amount of Rs.2,75,000/(Rupees Two lakh seventy five thousand only) to the respondent Samuel Kunjummen within two months from today as full and final settlement of this case.

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(2) Subsequent to the payment, the attachment effected on the property of the appellant in O.P.No.700/2005 on the file of Family Court, Alappuzha will be lifted.

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(3) Both parties agree that no any further claim in between the parties.

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(4) The amount will be paid by the appellant by D.D. Payable at Mavelikkara in favour of the respondent Samuel Kunjummen and handed over it to the respondent through his counsel Mr.George Varghese and his counsel will give receipt for the same.”

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Mat.Appeal 229/11

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The Mat. Appeal is disposed of in terms of the

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settlement.

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Sd/-

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K.T.SANKARAN, JUDGE.

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Sd/-

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M.L.JOSEPH FRANCIS, JUDGE.

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tgs

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(true copy)

Shibu Mathew v. Samuel Kunjumon

Case brief

What is this about?

What did the court decide?

Shibu Mathew v. Samuel Kunjumon

Case brief

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