High Court of Kerala disposed of an original civil petition wherein parties stated the matter was settled via mediation, directing closure with liberty to approach lower court upon deposit of instalment.
Original Petition closed; liberty to approach court below for property re-delivery after depositing last instalment.
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 B.SUDHEENDRA KUMAR
FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941
OP(C).No.1199 OF 2019
AGAINST THE ORDER/JUDGMENT IN AR 128/2008 OF DISTRICT COURT& SESSIONS COURT,PATHANAMTHITTA
PETITIONER/S:
1 GOPINATHAN AGED 86 YEARS S/O NANU,REKHALAYAM,MANNADI.P.O, KALAYAPURAM VILLAGE,PATHANAMTHITTA DISTRICT.
2 RAJESH, AGED 48 YEARS S/O GOPINATHAN,REKHALAYAM, MANNADI.P.O,KALAYAPURAM VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADVS. SMT.G.VIDYA SRI.C.N.SIVANKUTTY
RESPONDENT/S:
1 MUTHOOT VEHICLES AND ASSET FINANCE LTD MUTHOOT CHAMBERS,BANERJI ROAD, ERNAKULAM,REPRESENTED BY MANAGING DIRECTOR GEORGE ALEXANDER MUTHOOT REPRESENTED BY P.A.HOLDER AND SENIOR ACCOUNTS EXECUTIVE,MANOJ GEORGE, S/O.P.M.GEORGE,PEDIKAYIL(H) ELAMANNOOR.P.O,ADOOR,PATHANAMTHITTA, PIN-691524.
OP(C).No.1199 OF 2019
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2 SUDHEESH, S/O.DAMODARAN,CHIRAYIL(H), NOORANADU.P.O,KADAMANAD, ADOOR,PATHANAMTHITTA, PIN-691552.
R1 BY ADV. SRI.C.S.MANILAL R1 BY ADV. SRI.S.NIDHEESH
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 11.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.1199 OF 2019
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JUDGMENT
Both sides have submitted that the
matter has been settled in mediation. Since the matter has been settled, I am inclined to close this original Petition as requested by the parties. The petitioner shall be at liberty to approach the court below for the re-delivery of the property after depositing the last instalment. In any event, if the terms of the compromise could not be materialised, it is open to the parties to continue the litigation.
This Original Petition stands closed.
Sd/B. SUDHEENDRA KUMAR, JUDGE
STK
OP(C).No.1199 OF 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE E.P.NO.121/2011 IN ARBITRATION REFERENCE NO.128/2008.
EXHIBIT P2 THE TRUE COPY OF THE IN OBJECTION FILED BY THE 1ST PETITIONER IN E.P.NO.121/2011
EXHIBIT P3 THE TRUE COPY OF THE ORDER IN E.P.NO.121/2011,DATED 21.05.2018.
EXHIBIT P4 THE TRUE COPY OF E.A.NO.561/2018 IN E.P.NO.121/2011,DATED 19.12.2018.
RESPONDENT'S EXHIBITS: NIL
GOPINATHAN AND ANR
MUTHOOT VEHICLES AND ASSET FINANCE LTD. AND ANR
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
