The High Court of Kerala permitted withdrawal of the original appeal pending execution proceedings after the parties expressed willingness to explore mediation, dismissing the petition while directing settlement exploration.
Permission to withdraw the original petition granted; petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 29TH DAY OF OCTOBER 2019/7TH KARTHIKA, 1941
OP(C).No.426 OF 2019
AGAINST THE ORDER/JUDGMENT IN CP 50/2016 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VII, ERNAKULAM
PETITIONERS:
1 VARGHESE P.V., AGED 59 YEARS S/O KOCHUVAREETH, PAZHAMANGALTH HOUSE, PADAMUGAL, KAKKANAD, ERNAKULAM.
2 LALI VARGHESE, AGED 56 YEARS W/O VARGHESE P.V., PAZHAMANGALTH HOUSE, PADAMUGAL, KAKKANAD, ERNAKULAM.
3 GEORGE KIRAN P.A., AGED 28 YEARS S/O AUGUSTINE, PANACKAL HOUSE, KADAMKUDY, ERNAKULAM-682027.
BY ADVS. SRI.SANIL JOSE SRI.K.P.ANTONY BINU SMT.SHEEBA G
RESPONDENT:
MANAPPURAM ASSET FINANCE LTD, NO.111/105, OPP. NATTIKA FIRKA CO-OPERATIVE RURAL BANK, NR CHANTHAPADI JN., VALAPAD P.O., THRISSUR-680567, REP. BY ITS FIELD OFFICER AND AUTHORIZED AGENT MR. ANIL KUMAR.
R1 BY ADV. SRI.C.K.SREEJITH
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 29.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C).No.426 OF 2019
JUDGMENT
The learned counsel for the petitioner has submitted that the petitioner is prepared to pay the amount, which may be decided in the mediation. The learned counsel for the respondent has submitted that the mediation can be conducted at the District Center. In view of the above submission, the learned counsel for the petitioner has requested for granting permission to withdraw this original petition. Permission is granted. Accordingly, this original petition stands dismissed as withdrawn.
However, the court below is directed to explore the possibility of settlement before further proceeding with the Execution Petition. The parties shall appear before the execution court in E.P.572/2017 on 20.11.2019. The interim order passed by this Court
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OP(C).No.426 OF 2019
will continue for two months from the date fixed for
the appearance of the parties before the court below.
Sd/B.SUDHEENDRA KUMAR
JUDGE
Nkr/29.10.2019
VARGHESE P.V.
LALI VARGHESE
GEORGE KIRAN P.A.
MANAPPURAM ASSET FINANCE LTD
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
