Suit was disposed as the parties settled voluntarily via mediation, and the settlement agreement was accepted and formed part of the judgment.
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 SUNIL THOMAS
TUESDAY, THE 28TH DAY OF MAY 2019 / 7TH JYAISHTA, 1941
OP(C).No. 384 of 2019
AGAINST THE ORDER IN EP.NO.359/2017 IN OP 216/2012 of ADDITIONAL DISTRICT COURT III, KASARAGOD DATED 24-01-2019)
PETITIONER: (1ST RESPONDENT IN EA/1ST JUDGMENT DEBTOR IN EP):
DAMODHARAN, AGED 45 YEARS S/O NARAYANAN, RESIDING AT KAPPIL HOUSE, KALLAR P.O.MALAKALLU,KASARAGOD DISTRICT.
BY ADVS.
SRI.PUSHPARAJAN KODOTH SMT.VANDANA MENON SRI.K.JAYESH MOHANKUMAR VINEETHA JAMES
RESPONDENTS: (PETITIONER & 2ND RESPONDENT IN EA/DECRE HOLDER & 2ND JD IN EP):
BY ADV. SRI.RAJESH NAMBIAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(C).No. 384 of 2019
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JUDGMENT
The petitioner is the judgment debtor in
EP.No.359/2017 in OP.No.216/2012 of Additional District Court-III, Kasaragod. After appearance of the parties, both sides submitted that there is a chance of settlement, if mediation is adopted. Accordingly, both sides were directed to appear before the Mediation Centre, Kasaragod for mediation. A report has now been received from the Convener of the District mediation Centre on 20.03.2019, enclosing a memorandum of agreement, evidencing the settlement of the dispute. I have pursued the above settlement agreement dated 18.3.2019 and heard both sides. I am satisfied that the parties have voluntarily settled the dispute. The terms appear to be lawful. Accordingly, the settlement is accepted and memorandum of agreement will form part of this judgment. Parties are bound by the terms of the settlement and it can be
OP(C).No. 384 of 2019
3
relied on by both sides for all intents and purposes. Accordingly, in case of default, the aggrieved person will be entitled to get the terms of agreement enforced through due process of law.
O.P.(C) is disposed of as above.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy// PA to Judge
OP(C).No. 384 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE E.P.359/2017 IN OP NO 216/2012 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGES 111, KASARAGOD.
EXHIBIT P2 TRUE COPY OF THE COUNTER DATED 6/07/2018 FILED BY PETITIONER IN EP 359/2017 IN OP NO. 216/2012 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE 111, KASARAGOD.
EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT IN LIEU OF CHIEF EXAMINATION DATED 24.1.2019 IN EP 359/2017 IN OP NO. 216/ 2012 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE 111, KASARAGOD.
EXHIBIT P4 TYPED COPY OF THE ENTIRE PROCEEDINGS AND THE DOCKET SHEET ORDER PASSED ON 24.1.2019 OF THE COURT BELOW.
RESPONDENT'S/S EXHIBITS NIL
DAMODHARAN
M/S. SHRIRAM TRANSPORT FINANCE COMPANY LTD
BASHEER
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
