Allowed

K.N. Sivan v. Lakshmanan

Kerala HC9 Sept 2013CRP/115/2013

Case brief

AI extract

What is this about?

The High Court allowed a civil revision petition following a settlement mediated by the High Court Mediation Centre. The settlement provided for the withdrawal of a related suit and the setting aside of an ex-parte decree and prior judgments. Consequently, the Court set aside the impugned orders and decree, directing the trial court to dispose of the suit based on the settlement.

What did the court decide?

Allowed the CRP; set aside the CJ order of 4.6.2012, the SMA order of 23.1.2013, and the ex-parte decree in OS No.73 of 1998; directed disposal of the suit per settlement.

K.N. Sivan Vs Lakshmanan — Specific Performance | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN

¶4

MONDAY, THE 9TH DAY OF SEPTEMBER 2013/18TH BHADRA, 1935

¶5

CRP.No. 115 of 2013 ()

¶6

AGAINST THE JUDGMENT IN CMA 21/2012 of SUB COURT, PALA AGAINST THE JUDGMENT IN OS 73/1998 of MUNSIF COURT, KANJIRAPPALLY

¶7

REVISION PETITIONER(S)/APPELLANT/PETITIONER/DEFENDANT:

¶8

K.N. SIVAN, AGED 576 YEARS, S/O.NARAYANAN, AMBALAPARAMBIL HOUSE, KARUNILAM, AMARAVATHY BHAGOM, KARUNILAM P.O., ERUMELI VILLAGE, KANJIRAPALLY TALUK, KOTTAYAM DISTRICT NOW RESIDING AT NO.8, FLOOR 2, MISRANI BUILDING, KOORLA, BOMBAY.

¶9

BY ADV. SRI.A.K.ALEX

¶10

RESPONDENT(S)/RESPONDENT/COUNTER PETITIONER/PLAINTIFF:

¶11

LAKSHMANAN, AGED 59 YEARS, S/O.NARAYANAN, AMBALAPARAMBIL HOUSE, KARUNILAM, AMARAVATHY BHAGOM, KARUNILAM P.O., ERUMELI VILLAGE, KANJIRAPALLY TALUK, KOTTAYAM DISTRICT.

¶12

BY ADV. SRI.M.J.THOMAS

¶13

THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09-09-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

¶15

CRP.No. 115 of 2013 ()

¶16

APPENDIX

¶17

PETITIONERS' ANNEXURE

¶18

ANNEXURE 1: OBJECTION FILED BY RESPONDENT TO I.A.540/2011 IN O.S.73/98 OF MUNSIFF'S COURT, KANJIRAPALLY.

¶19

ANNEXURE 2: DEACH CERTIFICATE OF SECOND DEFENDANT ISSUED BY THE DEPARTMENT OF PANCHAYATH ON 23/6/2012 .

¶20

RESPONDENTS' ANNEXURE

NIL.

/ TRUE COPY /

P.S. TO JUDGE

P.N.RAVINDRAN, J.

¶26

=-=-=-=-=-=-=-=-=-=-=-=-=

¶27

C.R.P.No.115 of 2013

¶28

=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9^th day of September, 2013

¶29

ORDER

¶30

The petitioner is the first defendant in O.S.No.73 of 1998 on the file of the Court of the Munsiff of Kanjirappally. The respondent is the plaintiff therein. The suit instituted by the respondent for a permanent prohibitory injunction was decreed exparte on 19.3.1999. Though the petitioner herein filed I.A.No.540 of 2011 to set aside the exparte decree passed in the suit, that application was dismissed by order passed on 4.6.2012. Aggrieved thereby, he filed C.M.A.No.21 of 2012 on the file of the Court of the Subordinate Judge of Pala. By judgment delivered on 23.1.2013, the said appeal was dismissed. Hence this civil revision petition.

¶31

When the civil revision petition came for consideration before me on 5.8.2013, I directed both parties to be present before the Nodal Officer, High Court Mediation Centre, Ernakulam at 10.15 AM on 26.8.2013 to explore the possibility of an out of court settlement, having regard to the nature of the dispute. Pursuant thereto, the parties appeared before the Nodal Officer. After mediation, the dispute between the parties was settled. The

¶32

C.R.P.No.115 of 2013

¶33

¶34

memorandum of settlement dated 3.9.2013 signed by the petitioner and the respondent and their respective counsel has also been placed on record. The Memorandum of settlement discloses that the respondent has agreed to withdraw O.S.No.46 of 2011 instituted by him in the Court of the Munsiff of Kanjirappally and that the parties have also agreed that the exparte decree and judgment in O.S.No.73 of 1998 may be set aside, having regard to the terms of the settlement arrived at between the parties.

¶35

In the light of the agreement arrived at between the parties, I allow the civil revision petition, set aside the judgment dated 23.1.2013 passed by the Court of the Subordinate Judge of Pala in C.M.A.No.21 of 2012 and the order passed by the Court of the Munsiff of Kanjirappally on 4.6.2012 on I.A.No.540 of 2011 in O.S.No.73 of 1998, allow the said application, set aside the exparte decree passed in O.S.No.73 of 1998 and direct the trial court to dispose of the suit in the light of the settlement arrived at between the parties. The Registry shall for that purpose transmit to the trial court, for incorporation of the records in O.S.No.73 of 1998, the memorandum of settlement in original (both Vernacular and English versions) after retaining a photostat copy thereof in the records of this Court. The parties shall appear before the Court of the Munsiff of Kanjirappally on 7.10.2013 and the trial court shall dispose of the

¶36

C.R.P.No.115 of 2013

¶37

¶38

suit that day itself, having regard to the terms of the settlement arrived at between the parties.

¶39

Sd/-

¶40

P.N.RAVINDRAN JUDGE

¶41

/true copy/

¶42

P.A. To Judge

¶43

vpv

K.N. Sivan v. Lakshmanan

Case brief

What is this about?

What did the court decide?

K.N. Sivan v. Lakshmanan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vidya International Charitable Trust Vs M/S. Team Front Line Ltd.

Thulasidas Vs the Manager, Federal Bank Limited

Thara Vs Roy K.B.

A.M.Joykutty Vs Fr Mathew Kapplikunnel

Adv.M.C.Binukumar Vs Smt.P.Jayasree

Moideen Kutty P.K. Vs Harrisons Malayalam Ltd.