Disposed

John J. Illickan v. Sheela Merin Jacob @ Sheela Philip P.

Kerala HC25 Oct 2016OP(C)/1545/2016

Case brief

AI extract

What is this about?

Petitioner challenged orders dismissing review applications under Article 227. Parties had settled via mediation. Court disposed of petition directing parties to enforce settlement in pending suits, noting this court cannot pass a decree on the agreement.

What did the court decide?

Petition disposed directing parties to produce the mediation agreement before the concerned courts to work out remedies in accordance with the agreement.

John J. Illickan Vs Sheela Merin Jacob @ Sheela Philip P. — Property and Title | Kerala HC (2016)

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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.RAMAKRISHNAN

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TUESDAY, THE 25TH DAY OF OCTOBER 2016/3RD KARTHIKA, 1938

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OP(C).No. 1545 of 2016 (O) ---------------------------

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OS.NO.864/2008 OF ADDITIONAL SUB COURT-I, ERNAKULAM

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PETITIONER(S):

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JOHN J. ILLICKAN,

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S/O.LATE SHRI.JACOB ILLICKAN, AGED 58 YEARS, GRACY BUNGALOW, PARATHODU, KANJIRAPPALLY, NOW RESIDING AT ILLICKAL HOUSE, S.A. ROAD, PANAMPILLY NAGAR, KOCHI 36.

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BY ADV. SRI.M.K.SHASHI KUMAR

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RESPONDENT(S):

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1. SHEELA MERIN JACOB @ SHEELA PHILIP P., W/O.PHILIP MATHEW, AGED 60 YEARS, THAZHEKKATTU HOSUE, EDAPPALLY P.O., ERNAKULAM, PIN - 682 024.

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2. SMT.RABACCA ABRAHAM, W/O.ABRAHAM KOSHI, PEEDIKAYIL, PATHANAMTHITTA, PIN - 689 645. 3. SMT.SUJA SAJAN ABRAHAM, W/O.SAJAN ABRAHAM, THADATHIL, KANJIKUZHI, KOTTAYAM,PIN - 686 001.

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BY ADV. SRI.MATHEW SKARIA

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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OP(C).No. 1545 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF THE PLAINT IN OS NO.864/2008 OF THE 1ST ADDITIONAL SUB COURT, ERNAKULAM

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P2 TRUE COPY OF THE WRITTEN STATEMENT DATD 20.2.2009 IN OS NO.864/2008 OF THE 1ST ADDITIONAL SUB COURT, ERNAKULAM

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P3 TRUE COPY OF THE WILL DEED DATED 19.2001 EXECUTED IN FAVOUR OF PETITIONER BY HIS FATHER

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P4 TRUE COPY OF THE ORDER DATED 30.12.2012 IN TR.APPEAL NO.6/2012 OF THE HON'BLE HIGH COURT

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P5 TRUE COPY OF THE ORDER DATD 22.1.1976 IN C.M.P. NO.1389/76 IN OP NO.385/1976 OF THE HON'BLE HIGH COURT

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P6 TRUE COPY OF THE MEMO DATED 2.9.2012 ISSUED FROM THE OFFICE OF KOCHI CORPORATION

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P7 TRUE COPY OF THE RECEIPT DATD 27.7.2007 FOR THE LICENCE FEE IN FAVOUR OF THE PETITIONER ISSUED BY THE CORPORATION OF COCHIN

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P8 TRUE COPY OF THE TAX RECEIPT DATED 24.9.2008 BEARING THANDAPPER NO.1761 ISSUED FROM VILLAGE OFFICE, VELOOR

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P9 TRUE COPY OF THE TAX RECEIPT DATED 24.9.2008 BEARING THANDAPPER NO.4544 ISSUED FROM VILLAGE OFFICE, VELOOR

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P10 TRUE COPY OF THE RECONSTITUTED PARTNERSHIP DEED DATED 27.3.2002 BETWEEN THE PETITIONER AND THE 1ST RESPONDENT'S HUSBAND

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P11 TRUE COPY OF THE DISSOLUTION DEED DATED 1.3.2003 BETWEEN THE PETITIONER AND THE 1ST RESPONDENT'S HUSBAND

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P12 TRUE COPY OF THE IA NO.1349/2015 FILED BY THE PETITIONER IN OS NO.864/2008 OF THE 1ST ADDITIONAL SUB COURT, ERNAKULAM.

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P13 TRUE COPY OF THE ORDER DATD 5.12.2015 IN IA NO.1349/2015 (WRONGLY TYPED AS IA NO.1349/2014 IN THE CAUSE LIST AND DOCKET SHEET FROM THE COURT BELOW)

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P14 TRUE COPY OF THE REVIEW PETITION IA NO.5284/15 FILED BY THE PETITIONER IN IA NO.1349/2015 IN OS NO.864/2008

msv/

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OP(C).No. 1545 of 2016 (O)

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P15 TRUE COPY OF THE ORDER DATED 23.12.2015 IN IA NO.5284/2015 (WRONGLY TYPED AS IA NO.5284/2014 IN THE CAUSE LIST AND DOCKET SHEET FROM THE COURT BELOW)

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RESPONDENT(S)' EXHIBITS

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EXT.R1(a); TRUE COPY OF THE I.A.NO.2597/2016 FILED BY THE PETITIONER IN OS.NO.864/2008 BEFORE THE SUB COURT, ERNAKULAM.

//TRUE COPY//

P.S.TO JUDGE

Msv/

K.RAMAKRISHNAN, J.

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O.P. (Civil) No.1545 of 2016

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Dated this the 25^th day of October, 2016

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JUDGMENT

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This petition is filed by the petitioner challenging Exts.P13 and P15 orders passed by the court below under Article 227 of the Constitution of India.

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The petitioner is the brother of respondents and he is the 1^st defendant in O.S.864/2008 pending before the Sub Court, Ernakulam which was filed by the respondents for partition and separate possession evidenced by Ext.P1. The petitioner entered appearance and filed Ext.P2 written statement also contended that the properties acquired by the parents were settled on the basis of an oral family arrangement between the children, and the respondents were given due share by way of gift deed and will from the common family. As per Ext.P3 will dated 19.03.2001, the father of the petitioner and respondents bequeathed plaint-A and B schedule properties shown in Ext.P1, to him. There were number of litigations pending between the parties in respect of the properties. The transfer application was filed before this court as Tr.A.No.6/2012 and this court by Ext.P4 order allowed transfer of O.S.157/2009 and 31/2009 of Sub Court, Pala to Sub Court, Ernakulam and O.S.1566/2008 pending before Munsiff Court, Ernakulam also to Sub Court, Ernakulam and directed the

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O.P. (Civil) No.1545 of 2016

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parties to take recourse to some alternate dispute resolution mode for settlement of those cases. The petitioner filled I.A.1349/2014 in O.S.864/2008 for stay the entire proceedings till disposal of R.S.A.1274/2010 and that petition was dismissed by the court below by Ext.P13 order. The petitioner also filed Ext.P14 application to review Ext.P13 order that was also dismissed by the court below by Ext.P15 order which were under challenge in this petition.

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During the pendency of the proceedings before this court, the matter was referred to Ernakulam Mediation Centre to explore the possibility of settlement and the parties have amicably settled their issues and the mediation agreement was entered into between the parties agreeing to settle all the cases pending between them in the manner provided in the mediation agreement. It is not possible to pass a decision in the terms and conditions in the mediation agreement in a proceeding under Article 227 of the Constitution of India as it is for the courts before whom the cases are pending and consider and pass appropriate orders in the respective suits on the basis of the mediation agreement entered into between the parties under Order 23 Rule 3 of Code of Civil Procedure.

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Since the matter has been settled between the parties in the

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O.P. (Civil) No.1545 of 2016

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mediation, this court feels that this petition can be disposed of directing the parties to work out their remedies before the appropriate courts where the litigations are pending on the basis of the mediation agreement entered into between the parties. The mediation agreement is made form part of this judgment, only for the purpose of enabling the parties to produce the judgment before the concerned courts to work out their remedies and not for any other purpose as no decree on the basis of the mediation agreement could be passed by this court in a proceeding pending under Article 227 of the Constitution of India. The mediation agreement will form part of this judgment so as to enable the parties to produce this judgment along with the mediation agreement before the concerned courts to work out their remedies in accordance with law.

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With the above direction and observation, the petition is disposed of.

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Sd/- (K. Ramakrishnan, Judge)

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//True Copy//

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P.A. to Judge

John J. Illickan v. Sheela Merin Jacob @ Sheela Philip P.

Case brief

What is this about?

What did the court decide?

John J. Illickan v. Sheela Merin Jacob @ Sheela Philip P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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