Allowed

Krishnankutty v. Sainabi

Kerala HC2 Nov 2017RSA/625/2016

Case brief

AI extract

What is this about?

Second appeals filed against lower court judgments and decrees in a property suit. The High Court accepted a mediation settlement agreement produced by parties, declared it legal and valid, set aside impugned orders, and decreed the suit in terms of the agreement and survey plan.

What did the court decide?

Set aside impugned judgments and decrees. Decree suit based on the Mediation Settlement Agreement and survey plan. Refund entire court fee.

Krishnankutty Vs Sainabi — Partition | 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 2ND DAY OF NOVEMBER 2017/ 11TH KARTHIKA, 1939

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RSA.No. 625 of 2016 (G)

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AGAINST THE JUDGMENT AND DECREE DATED 26-02-2016 IN AS 176/2013 of II ADDITIONAL DISTRICT COURT, KOZHIKODE

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AGAINST THE JUDGMENT AND DECREE DATED 30-09-2013 IN OS 538/2011 of ADDITIONAL MUNSIFF COURT-II, KOZHIKODE

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APPELLANT/APPELLANT/PLAINTIFF:

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KRISHNANKUTTY, AGED 70 YEARS, S/O CHAYICHAN, ‘SAMATHA’ CHAMBAYIL, VALAYANAD AMSOM DESOM, MANKAV (P.O), KOZHIKODE TALUK, PIN 673 607.

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BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.G.ANEESH

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RESPONDENTS/RESPONDENTS/DEFENDANTS:

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1. SAINABI, AGED 69 YEARS, W/O LATE K.P MAMMED KOYA, ‘SAINAS’ HOUSE, VALAYANAD AMSOM DESOM, MANKAVU P.O, KOZHIKODE, PIN 673 607.

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2. K.P ABDUL RASAK,

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AGED 47 YEARS, S/O LATE K.P MAMMED KOYA, ‘SAINAS’ HOUSE, VALAYANAD AMSOM DESOM, MANKAVU P.O, KOZHIKODE, PIN 673 607.

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3. K.P FIROZ, AGED 45 YEARS, S/O LATE K.P. MAMMED KOYA, ‘SAINAS’ HOUSE, VALAYANAD AMSOM DESOM, MANKAVU P.O, KOZHIKODE, PIN 673 607.

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RSA.No. 625 of 2016 (G) ------------------------

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4. K.P NISHAD, AGED 37 YEARS, S/O LATE K.P. MAMMED KOYA, ‘SAINAS’ HOUSE, VALAYANAD AMSOM DESOM, MANKAVU P.O, KOZHIKODE, PIN 673 607.

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*** ADDL. 5TH RESPONDENT IMPLEADED: ADDL.R5. PARAYI MUHAMMED KOYA, AGED 64 YEARS, S/O.ABDULLA, ‘RIDHWA’, PARAYI, PANNIYANKARA VILLAGE, KALLAI (PO), KOZHIKODE, PIN-673 003.**

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*** ADDITIONAL 5TH RESPONDENT IS IMPLEADED AS PER THE ORDER DATED 10.08.2017 IN I.A.NO.1684/2017**

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R1 BY ADV. SRI.E.NARAYANAN R2 TO R4 BY ADV. SRI.P.M.UNNI NAMBOODIRI

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THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 02-11-2017, ALONG WITH RSA.626/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DSV/-

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B. KEMAL PASHA, J.

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................................................................ R.S.A. Nos. 625 & 626 of 2016

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............................................................... Dated this the 2^nd day of November, 2017

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J U D G M E N T

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The matter involved in these second appeals was referred for Mediation. The matter has been amicably settled in Mediation and a Mediation Settlement Agreement has been entered into. The Mediation Settlement Agreement has been produced. All the terms and conditions contained in the comprehensive Mediation Settlement Agreement as well as the survey sketch appended with it are legal and valid and therefore, the same are accepted. The suit has to be decreed in terms of the Mediation Settlement Agreement and the survey plan, which shall form part of the decree. The judgments and decrees are liable to be set aside.

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In the result, these Second Appeals are allowed and

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R.S.A. Nos.625 & 626 of 2016

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-: 2 :-

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the impugned judgments and decrees are set aside. The suit is decreed in terms of the Mediation Settlement Agreement and the survey sketch and survey plan, 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.

Krishnankutty v. Sainabi

Case brief

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What did the court decide?

Krishnankutty v. Sainabi

Case brief

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