The court disposed of the second appeal based on a settlement report obtained during mediation. The parties resolved the dispute with compensation, vacating of property, and an agreed payment schedule.
Settlement of dispute with compensation for Rs. 6,50,000/- and vacation of property by the appellant.
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 A.V.RAMAKRISHNA PILLAI
WEDNESDAY, THE 15TH DAY OF OCTOBER 2014/23RD ASWINA, 1936
RSA.No. 1016 of 2006 ( )
JUDGMENT & DECREE IN AS NO.26/2002 OF THE SUB COURT, QUILANDY DATED 24-06-2006
JUDGMENT & DECREE IN OS NO.28/2001 OF THE MUNSIFF MAGISTRATE COURT, PAYYOLI DATED 31-07-2002
APPELLANT(S)/APPELLANT/DEFENDANT:
KOLLAROTH GOPALAN, S/O.CHEKKOTTY, AGED 55 YEARS, SWASTHAM, MEPPAYYUR AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT.
BY ADVS.SRI.B.KRISHNAN SRI.R.PARTHASARATHY SRI.A.RADHAKRISHNAN NAIR
RESPONDENT(S)/RESPONDENTS/PLAINTIFFS:
1. EDATHIKANDI MARIYAM UMMA, D/O.AMMAD, AGED 66 YEARS, SWASTHAM, MEPPAYYUR AMSOM KAYALAD DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT
2. SON, MUHAMED BASHEER, AGED 40 YEARS, TEACHER, EDATHIKANDY HOUSE, MEPPAYYUR AMSOM KAYALAD DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT.
3. BROTHER, MAJEED, AGED 36 YEARS, POLICE CONSTABLE, EDATHIKANDY HOUSE, MEPPAYYUR AMSOM KAYALAD DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT.
BY ADV. SRI.N.L.KRISHNAMOORTHY BY ADV. SRI.K.LAKSHMINARAYANAN BY ADV. SMT.SATHYA SHREEPRIYA
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 15-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bka/-
A.V. RAMAKRISHNA PILLAI, J.
R.S.A. No. 1016 of 2006
Dated this the 15th day of October, 2014
J U D G M E N T
As directed by this Court, the parties settled the
matter in mediation and a report is obtained. The dispute has been settled as under;
“1. The respondents agreed to pay a total amount of Rs.6,50,000/- (Rupees Six Lakhs and Fifty Thousand only) to the appellant as compensation towards the claim of the appellant. The appellant agreed for the same. The respondents agreed to pay the amount to the appellant within 3 months from today i.e. on or before 07.01.2015. The amount will be paid by the respondent to the appellant by way of Demand Draft of SBT.
has vacated the premises. However, as the respondents have agreed to pay a total sum of 6,50,000/- (Rupees six₹
R.S.A. No. 1016 of 2006
..2..
lakhs and fifty thousand only) as compensation within a period of three months from the date of mediation, i.e., on or before 07.01.2015, by way of demand draft of State Bank of Tranvancore, the appellant would recover this amount with 6% interest from the respondents reckoning the settlement as a decree in the event of failure on the
part of respondents to pay the amount as agreed.
Therefore, the RSA is disposed of as above.
The joint statement of settlement shall form part of
the decree.
Sd/- A.V. RAMAKRISHNA PILLAI, JUDGE
bka/-
KOLLAROTH GOPALAN
EDATHIKANDI MARIYAM UMMA
MUHAMED BASHEER
MAJEED
A.V. RAMAKRISHNA PILLAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
