Allowed

Raghavan Nair v. Valsamma Mathew

Kerala HC27 Jul 2016OP(C)/737/2016

Case brief

AI extract

What is this about?

Petitioner challenged an order under Execution Petition No. 25/2014. The court noted the matter was settled during mediation and disposed of the original petition accordingly, directing the execution court to proceed based on the settlement.

What did the court decide?

Petition disposed of incorporating mediation agreement; execution court directed to expedite disposal of execution petition based on settlement.

Raghavan Nair Vs Valsamma Mathew — Civil Procedure and Limitation | 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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WEDNESDAY, THE 27TH DAY OF JULY 2016/5TH SRAVANA, 1938

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OP(C).No. 737 of 2016 (O)

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ORDER DTD.27.1.2016 IN EP.NO.25/2014 IN OS.20/2005 OF MUNSIFF'S COURT, PALA

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PETITIONER(S):

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RAGHAVAN NAIR, AGED 72 YEARS, S/O.PADMANABHAN NAIR, PERUNNAKKOTTU KALAPPURAYIDATHI HOUSE, KARUNECHI KARA, UZHAVOOR VILLAGE, UZHAVOOR PO, MEENACHIL TALUK.

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BY ADV. SRI.P.C.HARIDAS

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RESPONDENT(S):

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1. VALSAMMA MATHEW,

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W/O.MATHEW, VALLYATTUPUZHA HOUSE, KARUNECHI KARA, UZHAVOOR VILLAGE, UZHAVOOR PO, MEENACHIL TALUK-686 575.

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2. SARASWATHIYAMMA,

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D/O.PADMANABHAN NAIR, PERUNNAKKOTTU KALAPPURAYIDATHI HOUSE, KARUNECHI KARA, UZHAVOOR VILLAE, UZHAVOOR P.O., MEENACHIL TALUK-686 575.

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R1 BY ADVS. SRI.M.D.SASIKUMARAN

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SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.DIPU JAMES R2 BY ADV. SRI.V.A.AJAI KUMAR

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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OP(C).No. 737 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 : TRUE COPY OF THE COMPROMISE IN OS NO.20/2005 OF THE MUNSIFF'S COUT, PALA.

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P2 : TRUE COPY OF COMMISSION REPORT.

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P3 : TRUE COPY OF EP NO.25/2014 IN OS NO.20/2005 OF THE MUNSIFF'S COURT, PALA.

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P4 : TRUE COPY OF THE OBJECTION TO EXT P3.

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P5 : TRUE COPY OF THE COMMISSION APPLICATION.

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P6 : TRUE COPY OF THE OBJECTION TO EXT P5

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P7 : TRUE COPY OF THE COMMISSION REPORT AND PLAN

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P8 : TRUE COPY OF THE OBJECTION TO EXT P7

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P9 : TRUE COPY OF THE ORDER DT 27-1-2016 IN EP NO.25/14 IN OS NO.20/05 OF THE MUNSIFF'S COURT, PALA.

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RESPONDENT(S)' EXHIBITS:

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------------------------

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

K.RAMAKRISHNAN, J.

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O.P.(C)No.737 of 2016

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Dated this the 27^th day of July, 2016

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JUDGMENT

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This original petition has been filed against Ext.P9 order passed by the Munsiff, Pala in E.P.No.25/2014. During the pendency of the E.P., the matter has been referred for mediation and the matter has been settled in the mediation. So under such circumstances, this court fees that the petition can be disposed of, incorporating the mediation agreement, leaving open the right of the parties to move the execution court to get the execution petition disposed of on the basis of the settlement. So the petition is disposed of accordingly. The mediation agreement will form part of this judgment. The execution court is directed to expedite disposal of the execution petition on the basis of the settlement arrived at between the parties in the mediation. Office is directed to communicate this judgment to the court below at the earliest.

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Sd/- (K. Ramakrishnan, Judge)

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//True Copy//

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P.A. to Judge

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Raghavan Nair v. Valsamma Mathew

Case brief

What is this about?

What did the court decide?

Raghavan Nair v. Valsamma Mathew

Case brief

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What the court decided

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