Allowed

Abdulrehiman v. Abdul Jaleel

Kerala HC15 Jun 2017Ex.SA/3/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the execution second appeal. The court considered a Mediation Settlement Agreement entered into by the parties, found the clauses legal and acceptable, and directed the setting aside of the court sale in the underlying execution proceedings to give effect to the settlement.

What did the court decide?

The mediation settlement agreement was accepted in toto, the execution sale in E.P.No.84 of 2006 was set aside, and the decree was modified to include the settlement terms.

Abdulrehiman Vs Abdul Jaleel — Execution and Attachment | Kerala HC (2017)

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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 B.KEMAL PASHA

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THURSDAY, THE 15TH DAY OF JUNE 2017/25TH JYAISHTA, 1939

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Ex.SA.No. 3 of 2014 ()

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AGAINST JUDGMENT DATED 30-10-2013 IN AS 123/2010 of II ADDL.DISTRICT COURT,PALAKKAD

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AGAINST JUDGMENT DATED 03-10-2009 IN OS 80/2005 of MUNSIFF COURT, ALATHUR

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APPELLANT(S)/APPELLANT/PETITIONER/JUDGMENT DEBTOR:

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ABDULREHIMAN

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S/O.CHELLAPPA RAWTHER MARUHTHANKADU VEEDU, VANOOR, KATTUSSERY AMSOM DESOM, ALATHUR TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.P.CHANDRASEKHAR

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RESPONDENT(S)/RESPONDENTS/DECREE HOLDER/AUCTION PURCHASER:

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1. ABDUL JALEEL

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S/O.ISMAIL, RESIDING AT PAYATHU VEEDU, KATTUSSERY AMSOM DESOM, ALATHUR TALUK, BY MUKTHIAR AGENT ISMAIL, S/O.ABDU, PAYATHURVEEDU, KATTUSSERY AMSOM, PALAKKAD DISTRICT, PIN-678541.

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2. SHAMSUDHEEN, S/O.MUHAMMED ABDULKHADER, RESIDING AT PUTHUR SAHIB HOUSE, KIZHAKKETHALAYIL, KODUVAYOOR, CHITTOOR TALUK, PALAKKAD DISTRICT, PIN-678501.

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R2 BY ADV. SMT.ASHA P.KURIAKOSE R1 BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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THIS EXECUTION SECOND APPEAL HAVING BEEN FINALLY HEARD ON 15-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B. KEMAL PASHA, J.

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................................................................ Ex.S.A. No. 3 of 2014

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............................................................... Dated this the 15^th day of June, 2017

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J U D G M E N T

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The parties were referred for mediation and they have come to terms and settled the matter amicably in mediation. A Mediation Settlement Agreement has been entered into and it is produced before this Court.

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On a perusal of the Mediation Settlement Agreement, it seems that all the clauses in the Mediation Settlement Agreement are legal and acceptable. The Mediation Settlement Agreement is accepted in toto. When the parties have amicably settled all the issues and the amount to be paid has already been fixed and arrived at, this Court is of the view that the court sale in E.P.No.84 of

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Ex.S.A.3 of 2014

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-: 2 :-

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2006 in O.S.No.80 of 2005 of the Munsiff's Court, Alathur, can be set aside.

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In the result, this Ex. Second Appeal is allowed in

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terms of the Mediation Settlement Agreement, which shall form part of the decree and the sale in E.P.No.84 of 2006 in O.S.No.80 of 2005 of the Munsiff's Court, Alathur, are hereby set aside. All the interlocutory applications in this Appeal are closed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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// true copy //

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P.S. to Judge.

Abdulrehiman v. Abdul Jaleel

Case brief

What is this about?

What did the court decide?

Abdulrehiman v. Abdul Jaleel

Case brief

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What did the court decide?

What the court decided

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