This is a civil revision petition challenging an order for arrest of a judgment debtor. The High Court considered that the matter was referred to mediation, a settlement was reached, and the entire claim amount of ₹1,20,000 was paid. Consequently, the court recorded the settlement and disposed of the revision.
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 K.RAMAKRISHNAN
MONDAY, THE 22ND DAY OF AUGUST 2016/31ST SRAVANA, 1938
CRP.No. 250 of 2016
ORDER DTD.31.3.2016 IN EP.23/2015 IN OS 79/2004 OF SUB COURT, CHAVAKKAD
REVISION PETITIONER(S)/3RD RESPONDENT (3RD DEFENDANT):
GEORGE, AGED 59 YEARS, S/O. FRANCIS, THARAKAN HOUSE, CHOOLPRAM DESOM, IRINGAPRAM VILLAGE, MAIN ROAD, KOTTAPPADI P.O., THRISSUR DISTRICT-680 505.
BY ADV. SRI.P.RAMACHANDRAN
RESPONDENT(S)/PETITIONER IN EP (PLAINTIFF) & RESPONDENTS 2 & 3 -------------------------------------------------------------(1ST & 2ND DEFENDANTS): ----------------------
1. RURAL KUREES (PVT) LTD., EAST BAZAR, CHEMBUKKAVU, THRISSUR-1.
2. PAUL,
S/O. THARAKAN FRANCIS, OWNER OF THARAKAN'S ROYAL JEWELLERY, MISSION QUARTERS, CHEMBUKKAVU VILLAGE, THRISSUR TALUK, NOW RESIDING AT THARAKAN VEEDU, 2ND FLOOR, JIMS SQUARE, HAMSAKUNJU LANE, S.R.M.ROAD, ERNAKULAM NORTH, KOCHI-682 018.
3. ELIZABETH, W/O. THARAKAN PAUL, MISSION QUARTERS, CHEMBUKKAVU VILLAGE, THRISSUR TALUK, NOW RESIDING AT THARAKAN VEEDU, 2ND FLOOR, JIMS SQUARE, HAMSAKUNJU LANE, S.R.M.ROAD, ERNAKULAM NORTH, KOCHI-682 018.
R1 BY ADVS. SMT.R.RAJITHA
SRI.SANTHOSH P.PODUVAL SMT.VINAYA V.NAIR
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
K.RAMAKRISHNAN, J.
========================
C.R.P No.250 of 2016
========================== Dated this the 22nd day of August, 2016
ORDER
The revision was filed against the order passed by the court below directing arrest of the petitioner under Section 115 of the Code of Civil Procedure.
C.R.P No.250 of 2016
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to pay the amount and ordered arrest by the impugned order. That is being challenged by the petitioner by filing the above revision.
1,20,000/- and the entire amount of 1,20,000/- was paid and the E.P claim was satisfied. It was also agreed between the parties that the first respondent will file an application before the court below for recording full satisfaction and close the E.P. So, in view of the fact that the matter has been settled between the parties, the above settlement is recorded and the revision petition is disposed of accordingly.The mediation agreement entered into between the petitioner and the first respondent will form part of this order. If
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either the petitioner or the first respondent files an application before the execution court for recording full satisfaction on the basis of this agreement, then, the court below is directed to record satisfaction and close the E.P.
Registry is directed to communicate this order to the court below at the earliest by fax.
Sd/K.RAMAKRISHNAN, JUDGE
vdv/22/08/16
1 issue framed by the court
Whether the revision petition should be disposed of in light of the settlement reached during mediation regarding the execution of the decree?
George
Rural Kurees (Pvt) Ltd.
Paul
Elizabeth
K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court