Petitioner sought withdrawal of an application challenging a mediation order after settlement. Court granted permission to withdraw and dismissed the petition as withdrawn, allowing parties to implement agreement elsewhere.
Petitioner's petition dismissed as withdrawn; liberty granted to implement mediation agreement in appropriate forum.
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
WEDNESDAY, THE 16TH DAY OF NOVEMBER 2016/25TH KARTHIKA, 1938
OP(C).No. 1382 of 2016 (O)
--------------------------I.A. NO.4108/2014 IN O.S. NO.1006/1998 OF ADDITIONAL MUNSIFF COURT, CHERTHALA.
PETITIONER/PETITIONER/PLAINTIFF:
C.V. GOPINATHAN,
AGED 66 YEARS, S/O. VASAVAN, RESIDING AT CHENNANATTU, PATTANAKKADU MURI, PATTANAKKADU VILLAGE, CHERTHALA, ALAPPUZHA-688 543.
BY ADV. SRI.PEEYUS A.KOTTAM
RESPONDENTS/RESPONDENTS/DEFENDANTS 1-24:
1. SREE DURGA BHAGAVATHIKKAVU TRUST, VELLEKKAVU VELI, PATTANAKKAD, REPRESENTED BY ITS PRESIDENT, K.B.BABU, PRESENTLY REPRESENTED BY GOPINATHAN, PINCODE-688 534.
2. RAVEENDRANATH, AGED 73 YEARS, S/O. KESAVAN, SREEVILASAM VEETTIL, PATTANAKKAD P.O., PATTANAKKAD MURI, PATTANAKKAD VILLAGE, PINCODE-688 531.
3. PRASAD @ (KOCHU), S/O. KUMARAN, AGED 50 YEARS, PULIMPARAMBIL HOUSE, FROM-PULIMOOTTIL, PATTANAKKAD P.O., PATTANAKKAD MURI, PATTANAKKAD VILLAGE, PINCODE-688 531.
4. BABY, S/O. KUMARAN, VIJAYALAYATHIL HOUSE, PATTANAKKAD P.O., PATTANAKKAD MURI, PATTANAKKAD VILLAGE, PINCODE-688 531.
5. SREE DURGA BHAGAVTHIKKAVU TRUST, VELLEKKAVU VELI, PATTANAKKAD, REPRESENTED BY NOW ITS PRESIDENT, HARI, AGED 40 YEARS, S/O. PALANI SWAMI, VELIKKAKATHU VEEDU, PATTANAKKAD P.O., PATTANAKKAD MURI, PATTANAKKAD VILLAGE, PINCODE-688 531.
OP(C).No. 1382 of 2016 (O)
6. VINOD, AGED 37 YEARS, S/O. KRISHNAN, PULIMPARAMBIL HOUSE, PATTANAKKAD MURI, PATTANAKKAD VILLAGE, CHERTHALA TALUK, PINCODE-688 531.
7. KARTHIKEYAN, (THANKAPPAN), AGED 72 YEARS, S/O. VASVAN, CHENNANATTU, PATTANAKKADU MURI, PATTANAKKADU VILLAGE, CHERTHALA TALUK, PINCODE-688 531.
8. KAMALAMMA, (KARUTHAMMA), AGED ABOUT 70 YEARS, VIRU SADANAM, NEAR KAINAKARY JETTY, ALAPPUZHA, PINCODE-688 531.
9. SARASAMMA, (PONNAMMA), AGED 60 YEARS, W/O. ANIRUDHAN, PUNNACKAL PARAMBIL, THAICKAL P.O., CHERTHALA, PINCODE-688 531.
10. SUBHA, AGED 45, W/O. KANNAN, UNDACHAM VEETTIL, KALAVOOR P.O., MANNANCHERRY VILLAGE, AMBALAPPUZHA TALUK, PINCODE-688 531.
11. SADASIVAN, H/O. PONNAMMA, AGED ABOUT 87 YEARS, ARACKAL HOUSE, MARARIKULAM NORTH VILLAGE, PINCODE-688 531.
12. JAYAMOHAN, AGED 60 YEARS, S/O. PONNAMMA, PUNNACKAL PARAMBIL, THAICKAL P.O., CHERTHALA, PINCODE-688 531.
13. SUJATHA MURALEEDHARAN, AGED 57 YEARS, D/O. PENNAMMA, PUNNACKAL PARAMBIL, THAICKAL P.O., CHERTHALA, PINCODE-688 531.
14. LATHIKA PRAKASH, AGED 54 YEARS, PUNNACKAL PARAMBIL, THAICKAL P.O., CHERTHALA, PINCODE-688 531.
15. A.S.PRASAD @ THAMPI, AGED ABOUT 48 YEARS, S/O. PONNAMMA, PUNNACKAL PARAMBIL, THAICKAL P.O., CHERTHALA, PINCODE-688 531.
16. AMBIKA MURALEEDHARAN, AGED ABOUT 48 YEARS, D/O. PONNAMMA, PUNNACKAL PARAMBIL, THAICKAL P.O., CHERTHALA, PINCODE-688 531.
17. SHEELA SHAJI, AGED ABOUT 45 YEARS, PUNNACKAL PARAMBIL, THAICKAL P.O., CHERTHALA, PINCODE-688 531.
OP(C).No. 1382 of 2016 (O)
18. SANTHOSH A.S., AGED ABOUT 41 YEARS, S/O. PONNAMMA, PUNNACKAL PARAMBIL, THAICKAL P.O., CHERTHALA, PINCODE-688 531.
19. LIJI BAIJU, AGED ABOUT 38 YEARS, D/O. PONNAMMA, PUNNACKAL PARAMBIL, THAICKAL P.O., CHERTHALA, PINCODE-688 531.
20. SREEJA ANIL, AGED ABOUT 37 YEARS, PUNNACKAL PARAMBIL, THAICKAL P.O., CHERTHALA, PINCODE-688 531.
21. GEETHA ASOKAN, AGED ABOUT 45 YEARS, D/O. RAJAMMA, PUTHENPARAMBIL, KANDASSANKADAVU, TRICHUR-680 613.
22. RISHIKESAN, AGED ABOUT 40 YEARS, S/O. RAJAMMA, PUTHENPARAMBIL, KANDASSANKADAVU, TRICHUR-680 613.
23. SHEEBA SANTHOSH, AGED ABOUT 35 YEARS, D/O. RAJAMMA, PUTHENPARAMBIL, KANDASSANKADAVU, TRICHUR-680 613.
24. SIBI PRAKASH, AGED ABOUT 32 YEARS, D/O. RAJAMMA, PUTHENPARAMBIL, KANDASSANKADAVU, TRICHUR-680 613.
R3 & R5 BY ADVS. SRI.K.S.HARIHARAPUTHRAN,
SRI.GEORGE MATHEW, SRI.SUNIL KUMAR A.G., SRI.DIPU JAMES. R7 TO R10, R12 TO R21 & R23 & R24 BY ADV. SRI.C.R.SANISH.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
K.RAMAKRISHNAN, J.
===================
O.P.(C).No.1382 of 2016
======================= Dated this the 16th day of November, 2016
JUDGMENT
The petitioner has filed challenging Ext.P9 order in I.A.41081 in O.S.1006/1998 of Munsiff Court Cherthala. During the pendency of the proceedings, the matter has been referred to mediation and the matter has been settled in the mediation. One of the conditions in the mediation was to work out the mediation in the regular court and withdraw the petition. When the application came up for hearing today, the learned counsel for the petitioner submitted that in view of the settlement, petitioner wants to withdraw the petition and sought permission for that purpose. Permission is granted and the petition is dismissed as withdrawn with liberty for the parties to work out the modality of implementing
mediation agreement in appropriate forum.
Interim order is vacated.
SKV
C.V. GOPINATHAN
SREE DURGA BHAGAVATHIKKAVU TRUST, VELLEKKAVU VELI, PATTANAKKAD
RAVEENDRANATH
PRASAD @ (KOCHU)
BABY
SREE DURGA BHAGAVTHIKKAVU TRUST
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
