This writ petition challenging a commissioner report report setting order was disposed of after the petitioner and respondents settled the dispute via mediation and executed a fresh partition deed.
Petition disposed; registry directed to transmit original settlement agreement to court below; Liberty granted to petitioner not to press suit if satisfied.
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
THURSDAY, THE 25TH DAY OF AUGUST 2016/3RD BHADRA, 1938
OP(C).No. 2177 of 2011 (O)
--------------------------(I.A.NO.2090/09 IN OS.NO. 326/2008 OF PRL.MUNSIFF COURT, KOCHI)
PETITIONER/PALINTIFF:
MARY @ KUNJAMMA, D/O.SEBASTIAN, AGED 73 YEARS, RESIDING AT VARIATH HOUSE,CHERANELLORE VILLAGE, KANAYANNUR TALUK.
BY ADVS.SRI.C.K.PAVITHRAN
SRI.M.VIVEK
RESPONDENT(S)/DEFENDANTS:
1. LILLY JEROM, W/O.JEROM, AGED 77 YEARS, RESIDING AT MUTHEDATH HOUSE,
OCHANTHURUTH, KOCHI TALUK. PIN-682 508
2. ROY, S/O.JEROM, AGED 52 YEARS, RESIDING AT MUTHEDATH HOUSE,
OCHANTHURUTH, KOCHI TALUK. PIN-682 508
3. JOLLY, S/O.JEROM, AGED 51 YEARS, RESIDING AT MUTHEDATH HOUSE,
OCHANTHURUTH, KOCHI TALUK. PIN-682 508
4. RUBY, W/O.LATE DOMINIC, AGED 53 YEARS, RESIDING AT PUTHENPURAKKAL HOUSE, AYAVANA P.O.,
AYAVANA, PIN-686 676.
5. JESSY, W/O.GEORGE, AGED 47 YEARS, RESIDING AT PUTHENPURAYIL HOUSE,
ANYANPUZHA P.O., POTTA. PIN-680 307
6. JOYMON, S/O.JEROM, AGED 42 YEARS, RESIDING AT MUTHEDATH HOUSE,
OCHANTHURUTH, KOCHI TALUK. PIN-682 508
2/-
-2-
OP(C).NO.2177/2011
7. JOHNY, S/O. JEROM, AGED 41 YEARS, RESIDING AT MUTHEDATH HOUSE, OCHANTHURUTH, KOCHI TALUK-682 508
8. MERCY, W/O. ANIL, AGED 38 YEARS, RESIDING AT KARITHANTHARA HOUSE, AROOR.P.O., PIN-688 534
9. JEEMON, S/O. JEROM, AGED 34 YEARS, RESIDING AT MUTHEDATH HOUSE, OCHANTHURUTH, KOCHI TALUK-682 508
R2 BY ADVS. SRI.P.A.AUGUSTINE(AREEKATTEL) SRI.K.D.PAUL DALIN R4 BY ADVS. SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.C.N.SREEKUMAR SRI.N.SUNIL R4,R5 & R8 BY ADV. SRI.V.M.KURIAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 25-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(C).NO.2177/2011
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
K.RAMAKRISHNAN, J.
========================
O.P (C) No.2177 of 2011
========================== Dated this the 25th day of August, 2016
JUDGMENT
This is an application filed by the petitioner challenging Ext.P6 order setting aside the commissioner's report in I.A No.2090 of 2009 in O.S No.326 of 2008 on the file of the Munsiff Court, Kochi under Article 227 of the Constitution of India.
O.P(C) No.2177 of 2011
Page numbers
parties. The above submission is recorded and this petition is disposed of accordingly.
The registry is directed to send the original settlement agreement entered into between the parties in the mediation to the court below along with the copy of this judgment so as to enable the parties to work out their remedies in the trial court on that basis. The petitioner is at liberty to not press the suit if he is satisfied with the subsequent execution of the document in their favour as well if they do not want a compromise decree to be passed on the basis of the agreement.
With the above direction and observations this petition is disposed of.
Sd/-
K.RAMAKRISHNAN, JUDGE
vdv/29/08/16
Mary @ Kunjamma
Lilly Jerom
Roy
Jolly
Ruby
Jessy
K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
