Disposed

Mercy Antony v. Radha

Kerala HC8 Jan 2020RFA/773/2012

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a regular first appeal challenging a sub-court order in a property dispute. Upon finding that the parties had settled their disputes via a mediation-centre memorandum, the court lifted prior attachment orders on property and refunded the court fee.

What did the court decide?

The appeal was disposed of in terms of the settlement; attachment orders of the Sub Court and the High Court were vacated; court fee was refunded.

Mercy Antony Vs Radha — Property and Title | Kerala HC (2020)

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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 DEVAN RAMACHANDRAN

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WEDNESDAY, THE 08TH DAY OF JANUARY 2020 / 18TH POUSHA, 1941

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RFA.No.773 OF 2012

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AGAINST THE JUDGMENT IN OS 70/2009 DATED 20-03-2012 OF SUB COURT, CHERTHALA

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APPELLANT/S:

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MERCY ANTONY, WIDOW OF ANTONY, AGED 67 YEARS MECHERY HOUSE, EDAMBADAM KARA, VARAPPUZHA VILLAGE VARAPPUZHA LANDING P.O., PARAVUR TALUK, ERNAKULAM.

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BY ADVS. SRI.K.K.CHANDRAN PILLAI (SR.) SRI.ARUN ANTONY SRI.R.ANAS MUHAMMED SHAMNAD SRI.BOBBY THOMAS SRI.A.S.SAJUSH PAUL SRI.THOMAS JAMES MUNDACKAL

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RESPONDENT/S:

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1 RADHA, W/O. LATE PEETHAMBARAN, KAYIPPURATHU HOUSE, AROOR MURI AND VILLAGE, CHERTHALA TALUK PIN- 688534.

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2 P. LIJI, D/O. PEETHAMBARAN, KAYIPPURATHU HOUSE, AROOR MURI AND VILLAGE, CHERTHALA TALUK PIN- 688534.

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3 RADHIKA, D/O. PEETHAMBARAN, KAYIPPURATHU HOUSE, AROOR MURI AND VILLAGE, CHERTHALA TALUK PIN- 688534.

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4 RATHEESH, S/O. PEETHAMBARAN, KAYIPPURATHU HOUSE, AROOR MURI AND VILLAGE, CHERTHALA TALUK PIN- 688534.

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5 KARTHIYAYANI, MOTHER OF LATE PEETHAMBARAN, KAYIPPURATHU HOUSE, AROOR MURI & VILLAGE, CHERTHALA TALUK, PIN- 688534.

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6 PADMANABHAN, LEELA MANDIRAM PERUMBALAM VILLAGE, CHERTHALA TALUK, (DIED)

PIN. 688 570.

RFA 773/12

7 THANKAMMA, W/O.PAPPACHAN, PULITHARA HOUSE, AROOR MURI & VILLAGE, CHERTHALA, PIN. 688 534.

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8 BENNY, S/O.PAPPACHAN, PULITHARA HOUSE, AROOR MURI & VILLAGE, CHERTHALA, PIN. 688 534.

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9 DEEPA, W/O.XAAVIER, KALATHIL, EZHUPUNNA VILLAGE - 688 548

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10 SHEEBA, W/O.BOSY, MANAPPURAM VEETTIL, KOTHATT P.O., ERNAKULAM DISTRICT-682 027.

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11 METTY, W/O.LAWRANCE, THAIPARAMBIL HOUSE, ELOOR, ERNAKULAM-683501. (DELETED)

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(R11 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF APPELLANT VIDE ORDER DATED 29.10.2019 IN I.A.NO.1/19)

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12 LEELA V.K., W/O.LATE PADMANABHAN, LEELAMANDIRAM, PERUMBALAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DIST, PIN 688570.

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13 BAIJU P., S/O.LATE PADMANABHAN, LEELAMANDIRAM, PERUMBALAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DIST, PIN 688570. NOW RESIDING AT LEELAMANDIRAM, POOTHOTTA, ERNAKULAM.

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14 SANTHOSHKUMAR, S/O.LATE PADMANABHAN, LEELAMANDIRAM, PERUMBALAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DIST, PIN 688570.

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15 SANU.L.P., S/O.LATE PADMANABHAN, LEELAMANDIRAM, PERUMBALAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DIST, PIN 688570. NOW RESIDING AT LEELAMANDIRAM, POOTHOTTA, ERNAKULAM.

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16 SOUMYAN, S/O.LATE PADMANABHAN, LEELAMANDIRAM, PERUMBALAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DIST, PIN 688570.

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17 SALIMKUMAR P., S/O.LATE PADMANABHAN, LEELAMANDIRAM, PERUMBALAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DIST, PIN 688570. NOW RESIDING AT LAKSHMIGOPALAM, NEDUMBRAKAD, CHERTHALA, ALAPPUZHA.

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RFA 773/12

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(THE LEGAL HEIRS OF THE DECEASED R6 ARE IMPLEADED AS ADDITIONAL R12 TO R17 VIDE ORDER DATED 20/12/19 IN I.A.NO.2/2019.)

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R1-4 BY ADV. J.OM PRAKASH R6 BY ADV. SRI.ANOOP.V.NAIR R6 BY ADV. SRI.M.R.JAYAPRASAD R6 BY ADV. SRI.P.MOHANDAS R6 BY ADV. SRI.D.VINOD R9 BY ADV. SRI.JOHN JUDE ISSAC ADDL R12 TO R17 BY ADV.JAYAPRASAD MR, MALU TOMY

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THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 08.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RFA 773/12

JUDGMENT

The learned counsel for the parties are ad

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idem that the disputes projected in this case have already been settled under the aegis of a mediation conducted by the Mediation Centre, High Court of Kerala.

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I have examined the Memorandum of Settlement placed on record by the Nodal Officer of Ernakulam Mediation Centre, which

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clearly shows that all disputes have been settled and the Memorandum has been subscribed by the parties with their signatures, as also their learned counsel.

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As per the Memorandum of Settlement,

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the amounts due to the plaintiffs have already been paid off by respondents 12 to 17, who are the legal heirs of deceased 6^th respondent, as also respondents 7 to 10. The parties have further agreed that an order of attachment

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passed by the Sub Court, Cherthala in

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RFA 773/12

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O.S.No.70/2009 and that passed by this Court in I.A.No.2103/2012 in this appeal can be lifted

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and that the intimation to such effect be communicated to the concerned Sub Registrar Offices and the Village Offices.

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Since all the disputes appear to have

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been settled out of Court, it is not necessary to consider the merits of this appeal any further and therefore, I deem it appropriate to order the appeal in terms of the agreement

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between the parties, as recorded in the Memorandum of Settlement, dated 19.12.2019, a copy of which shall form part of this judgment. Consequently, this appeal is disposed of in

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terms of the Memorandum of Settlement between the parties and consequently, the order of attachment passed by the Sub Court, Cherthala in I.A.No.682/1999 in O.S.70/2009 as well as the order of this Court in I.A.2103/2012 in

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RFA 773/12

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this appeal will stand immediately vacated.

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The Registry is directed to intimate lifting of the afore attachments to the Sub Registrar Office, Alangad; Sub Registrar Office, Panavally; Varappuzha Village Office and Perumbalam Village Office as per usual

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procedure.

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The Registry is also directed to refund the

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Court Fee paid by the appellant on this Memorandum of Appeal.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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Mercy Antony v. Radha

Case brief

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Mercy Antony v. Radha

Case brief

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