Allowed

C.K.Alex @ Babu v. Kurakkaran Kunchandy Alexander

Kerala HC13 Jun 2017RSA/619/2014

Case brief

AI extract

What is this about?

Second appeal allowed based on successful mediation. Parties entered a settlement agreement under Section 89 CPC. Court disposed of appeal terms of agreement and passed decree disregarding lower courts' judgments.

What did the court decide?

Second Appeal disposed of in terms of Mediation Settlement Agreement; decree passed in accordance with agreement; court fee refunded; interlocutory applications closed.

C.K.Alex @ Babu Vs Kurakkaran Kunchandy… — Civil Procedure and Limitation | 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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TUESDAY, THE 13TH DAY OF JUNE 2017/23RD JYAISHTA, 1939

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RSA.No. 619 of 2014 ()

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AGAINST JUDGMENT DATED 31-01-2014 IN RFA 91/2004 of SUB COURT,KOTTARAKKARA

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AGAINST JUDGMENT DATED 11-12-2003 IN OS 625/1998 of MUNSIFF'S COURT, KOTTARAKKARA

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APPELLANT(S)/RESPONDENTS 6 & 10-14 DEFENDANTS 6 & ADDITIONAL DEFENDANTS 10-14:

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1. C.K.ALEX @ BABU,

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CHARUVILA PUTHEN VEEDU, PULAMON P.O, KIZHAKKEKARA MURI, KOTTARAKARA VILLAGE (DIED)

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2. SELIN, AGED 50 YEARS,

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W/O C.K. ALEX, CHARUVILA PUTHEN VEEDU, PULAMON P.O, KIZHAKKEKARA MURI, KOTTARAKARA VILLAGE

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3. VISUAL, AGED 26 YEARS,

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S/O C.K. ALEX, CHARUVILA PUTHEN VEEDU, PULAMON P.O, KIZHAKKEKARA MURI, KOTTARAKARA VILLAGE

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4. VINISH, AGED 24 YEARS,

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S/O C.K. ALEX, CHARUVILA PUTHEN VEEDU, PULAMON P.O, KIZHAKKEKARA MURI, KOTTARAKARA VILLAGE

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5. VIVEK, AGED 22 YEARS,

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S/O C.K. ALEX, CHARUVILA PUTHEN VEEDU, PULAMON P.O, KIZHAKKEKARA MURI, KOTTARAKARA VILLAGE

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6. VIJAY, AGED 19 YEARS,

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S/O C.K. ALEX, CHARUVILA PUTHEN VEEDU, PULAMON P.O, KIZHAKKEKARA MURI, KOTTARAKARA VILLAGE

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BY ADVS.SRI.K.S.HARIHARAPUTHRAN

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SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.DIPU JAMES

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-2-

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RSA.No. 619 of 2014

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RESPONDENT(S)/APPELLANT/RESPONDENT 1 TO 5 & 7 TO 9/ PAINTIFF & DEFENDANTS 1-5 & 7-9:

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1. KURAKKARAN K JIJI BHAVAN, MELIL VILLAG	UNCHANDY ALEXANDER, AGED 66 YEARS, KIZHAKKETHERUVU P.O, AIPPOLLOOR MURI, E, KOTTARAKKARA TALUK 691542.
2. THE STATE OF RERPESENTED	KERALA, BY THE DISTRICT COLLECTOR, KOLLAM 691001.
3. THE PRINCIPA SUB REGISTRY	L SUB REGISTRAR, OFFICE, KOTTARAKKARA 691506.
4. THE TAHSILDA	R, TALUK OFFICE, KOTTARAKARA-691506.
5. THE VILLAGE KOTTARAKARA KOTTARAKARA	OFFICER, VILLAGE, NEAR RAILWAY STATION, 691506.
6. KOTTARAKARA REPRESENTED KOTTARAKARA	GRAMA PANCHAYATH, BY ITS SECRETARY, PANCHAYATH OFFICE, 691506.
7. PRIYA MARY T KOCHUVILA PU PULAMON P.O,	HOMAS, AGED 37 YEARS, THEN VEEDU, KIZHAKKEKARA MURI, 691531.
8. THOMAS, AGED S/O MATHAI, PULAMON P.O,	68 YEARS, KOCHUVILA PUTHEN VEEDU, KIZHAKKEKARA MURI, 691531.
9. MARIAMMA, AG W/O THOMAS, PULAMON P.O,	ED 62 YEARS, KOCHUVILA PUTHEN VEEDU, KIZHAKKEKARA MURI, 691531.
R1 BY ADV.	SRI.ALEXANDER GEORGE (CAVEATOR)
THIS REGULAR SECO 13-06-2017, THE COURT ON	ND APPEAL HAVING BEEN FINALLY HEARD ON THE SAME DAY DELIVERED THE FOLLOWING:

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B. KEMAL PASHA, J.

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................................................................ R.S.A. No. 619 of 2014

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............................................................... Dated this the 13^th day of June, 2017

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J U D G M E N T

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The matter involved in this second appeal was referred for Mediation. Parties have attended the Mediation and they have come to terms. The matter has been amicably settled

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in Mediation and a memorandum of agreement under Section 89 of the Code of Civil Procedure has been entered into. The Mediation Settlement Agreement has been produced before this Court.

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On a perusal of the terms and conditions of the Mediation Settlement Agreement, it seems that all the terms contained in the memorandum of settlement are legal and valid. Therefore, the same is accepted and the matter is treated as settled in terms of the Mediation Settlement

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R.S.A. No.619 of 2014

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-: 2 :-

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Agreement.

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In the result, this Second Appeal is disposed of in terms of the Mediation Settlement Agreement and a decree shall be passed in this second appeal, disregarding the judgments and decrees passed by the courts below, in terms of the Mediation Settlement Agreement, which shall form part of the decree. The entire court fee shall be refunded. 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.

C.K.Alex @ Babu v. Kurakkaran Kunchandy Alexander

Case brief

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C.K.Alex @ Babu v. Kurakkaran Kunchandy Alexander

Case brief

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