Dismissed

K.K.Ashokkumar v. M.Gopinathan

Kerala HC14 Feb 2022RFA/199/2019

Case brief

AI extract

What is this about?

The High Court at Ernakulam disposed of regular first appeals RFA 199/2019 and 179/2021 based on a mediation settlement. The appellants agreed to accept lower court decrees and surrender property, while the respondent waived certain monetary claims and provided a conditional payment. The court recorded the settlement, ordered refund of court fees, and dismissed the appeals.

What did the court decide?

Appeals dismissed in terms of settlement; settlement recorded; entire court fee refunded to appellants.

K.K.Ashokkumar Vs M.Gopinathan — Property and Title | Kerala HC (2022)

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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 P.SOMARAJAN

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MONDAY, THE 14TH DAY 0F FEBRUARY 2022 / 25TH MAGHA, 1943

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_RFA NO. 199 0F: 20±9

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AGAINST THE JUDGMENT AND DECREE DATED 12/10/2018 IN OS 169/2®12 0F

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ADDITIONAL SUB COURT, PALAKRAD

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APPELLANTS/PLAINTIFl=S:

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K . K . ASHOKKUMAR,

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AGED 53 YEARS

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S/0. KANTANKUTTY, SREENAGAR COLONY, KUNNATHURMEDU,

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KANNANUR AMSOM DESOM, PALAl(KAD-678 7®2 ,

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NALINI

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AGED 48 YEARS

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W/O. K.K. ASHOKKUMAR, SREENAGAR COLONY, KUNNATHURMEDU, KANNANUR AMSOM DESOM, PALAKRAD-678 7®2.

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BY ADVS. P . 8 . KRISHNAN SRI . P . M . NEELAKANDAN SRI . P . 8 . SUBRAMANYAN SRI.SABU GEORGE

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SRI.MANU VYASAN PETER

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BESPONDENT/DEFENDANT :

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M . GOPINATl+AN ,

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AGED 45 YEARS,

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S/O LATE SWAMINATHAN, PARUTHIKAD VEEDU, EDAYAR STREET, KOPPAM AMSOM, PALAl(KAD TALUK, PALAKRAD-678 ®01.

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BY ADVS. SRI . BINOY VASUDEVAN SRI . R . MANIKANTAN

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TI+IS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING 0N 14.02.2®22, ALONG WITH RFA.179/2®21, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:

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-:==.i:-

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[RFA Mos.199/2®19,179/2®21] 2

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IN THE HIGH COURT 0F KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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MONDAY, THE 14" DAY 0F FEBRUARY 2022 / 25TH MAGHA, 1943

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RFA NO. 179 0F 2®21

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AGAINST THE JUDGMENT AND DECREE DATED 12/1®/2018 IN OS 17/2®17 0F:

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ADDITIONAL SUB COURT, PALAl(KAD

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APPELLANTS/DEFENDAI\lTS:

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K . K . ASOKKUMAR,

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S/O. KANTANKUTTY, AGED 59 YEARS

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NALINI, W/0.ASOKUMAR,

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AGED 53 YEARS,

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BOTH ARE RESIDING AT SREENAGAR

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COLONY, KUNNATHURMEDU, KUNNANUR AMSAM DESOM, PALAKRAD TALUK, PALAKKAD DISTRICT

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BY ADV . SRI . P . 8 . KRISHNAN

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SRI . P . 8 . SUBRAMANYAN

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SRI.SABU GEORGE

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SRI.MANU VYASAN PETER

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RESPONDENT/PLAINTIFF :

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M . GOPINATHAN

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S/0. LATE SETHUMADHAVAN,AGED 52 YEARS, RESIDING AT PARUTHIKAD VEEDU, EDAYAR STREET, KOPPAM AMSAM, PALAKKAD TALUK, PALAKKAD DISTRICT

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THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING 0N 14.02.2®22, ALONG WITH RFA.199/2019, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:

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[RFA Mos.199/2019,179/2®21] 3

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urDGMENT

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The matter is settled between the parties, The mediation report is received. Hence, the appeal is

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disposed of in terms of settlement arrived at by the parties. The settl.ement will form part of the judgment and decree. Refund the entire court fee paid to both the appell.ants in view of the I.egal position settled by the Apex Court in #jgh Court of Judicature

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at Madras rep. By its Registrar General v. M.C. Subramaniam and others [2®21 (2) KHC 62].

Sd/.

P . SOMARAJAN

JUDGE

msp

08088

. ,.cD '`Q 3l\L®L2_

Med.No.273/2021.

District Mediation Centre, Palakkad. Dated.28.01.2022.

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From

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Dr.B.Kalam Pasha

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District Co-ordinator (Principal District Judge) District Mediation Centre, Palakkad.

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(i.

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The Registrar (Judicial) High Court of Kerala Kochi.682031

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a Sir'

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Sub:-Mediation in R.F.A.No.199/2019 and R.F.A.No.179/2021 of the Hon'ble High Court at the District Mediation Centre, Palakkad report submitting ofreg.

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Ref:-Order dated 24.11.2021 in R.F.A.No.199/2019 and R.F.A.No.179/2021 of the Hon'ble High Court of Kerala.

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As per the reference cited above the Hon'ble High Court of Kerala referred R.F.A.No.199/2019 and R.F.A.No.179/2021 to the District Mediation Centre, Palakkad for mediation, directing the parties to mark their appearance before the District Mediation Centre, Palakkad.

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On appearance of both parties before the District Mediation Centre, Palakkad. Advocate Sri.P.Rajesh was appointed as the mediator in the above case. On conducting mediation sitting on 01.12.2021, 15.12.2021, 05.01.2022, 07.01.2022, and 19.01.2022 mediator has filed report to the effect that the matter is settled in mediation. The mediation report is enclosed herewith for kind information and necessary action.

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Yours f aithfully

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DisfiEtffi=6FalfiaI6r--

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(Principal District Judge) -:fr.

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.,`

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BEFORE THE HONOURABLE HIGH COURT OF KERALA, KOCHI

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R.F.A.199/2019

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1.K.K.Ashok Kumar, S/o.Kandankutty, Sree Nagar Colony, Kunnathurmedu, Palakkad.

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Appellants

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2.Nalini, W/o.K.K.Ashok Kumar, Sree Nagar Colony, Kunnathurmedu, Palakkad.

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Gopinathan, S/o.late Sethumadhavan, Paruthikkad Veedu, Edayar Street,

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Respondent

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Koppam amsom, Palakkad.

R.F.A.

1.K.K.Ashok Kumar,

S/o.Kandankutty, Sree Nagar Colony, Kunnathurmedu, Palakkad.

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2.Nalini, W/o.K.K.Ashok Kumar, Sree Nagar Colony, Kunnathurmedu,, Palakkad.

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Gopinathan, S/o.late Sethumadhavan, Paruthikkad Veedu, Edayar Street, Koppam amsom, Palakkad.

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Appellants

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Respondent

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The mediation agreement signed bv the aDDellants and res ondents in the above matters.

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The memorandum Palakkad mediation centre.

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The memorandum of agreement u/s.89 of the Code of Civil Procedure r/w. rule 24 of the Civil Procedure Alternative Disputes Resolution Rules 2008 executed by the appellants/respondents in the above matter at Palakkad Mediation centre.

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The parties above named beg to submit as follows:-

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The aforesaid cases were referred to mediation by the Honourable High Court of Kerala for resolving the dispute between the parties in the course of mediation, the appellants and the respondent have resolved the dispute and have agreed to the following terms and conditions 1.The appellants in the respondents agreec, to accept the judgment and decree of the lower court of the Additional Sub Court, Palakkad dated 12/10/2018 in O.S.169/2012 and O.S.17/2017 and the appellants have agreed to surrender possession of the plaint schedule property in O.S.17/2017 in the file of Additional Sub Court, Palakkad to the respondent.

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The respondent herein agreed to forgo the decree in respect of arrears of rent and occupational charges directed to be paid by the interest and costs granted by lower court directed to be paid by the lst appellant to the respondent herein he relinquishes the plaint.

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The appellants further agrees thatthe document executed bythem as registered document No.2488/2005 at Palakkad S.R.O marked as

ill

exhibit Al is genuine, true and valid. That considering the hardship and in terms of the compromise the respondent agree to pay Rs.2,00,000/(rupees two lakhs only) to the appellants herein and the amounts is agreed to be paid only in terms of the mediation. The respondent herein relinquish to the compensatory cost and cost awarded by the lower court in his favour as per the decree in O.S.169/2012. That the appellants were granted time ti!! 05,/04/2022 to surrender possession of the property and the aforesaid amount of Rs.2,00,000/-(rupees two lakhs only) shall be given by the respondent to the appellants on or before 05/04/2022 but only at the time of surrendering Possession of the property by the appellants to the respondent rlerein. In case the appellants fail to surrender possession of the property on or before 05/04/2022 the respondent is entitled to proceed with the execution proceedings initiated before the additional Sub Court, Palakkad as E.P.53/2019 and recover possession of the property from the respondents and also the money portion of the decree including cost and compensatory cost, arrears of rent etc., from the appellants herein and also in case the appellants fails to surrender vacant possession on or before 05/04/2022, they will not be entitled for receive the aforesaid Rs.2,00,000/- (rupees two lakhs only) from the respondent herein.

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The entire court fee paid by the appellants shall be refunded to them. It is hereby agreed that the above cases may be disposed of as per the law the above agreement may be recorded and the appeals R.F.A.199/2019 and R.F.A179/2021 may be dismissed without cost. The parties hereto agrees to bear cost by themselves. The parties herein have signed this agreement voluntarily.

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Appellants

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D£`ted this the 19th day of January, 2022

Respondent

2.N o,ul-I

Counsel for the appellants

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Counsel for the respondent

`f--

Verification

Eii

We, 1).K.K.Ashok Kumar, S/o.Kandankutty, Sreenagar Colony, Kunnathurmedu, Kunnanur amsom, Palakkad, 2.Nalini, W/o.K.K.Ashok Kumar, Sree Nagar Colony, Sree Nagar Colony, Kunnathurmedu, Kunnanur amsom, Palakkad the appellants in R.F.A.199/2019 and R.F.A.179/2021 and Gopinathan, S/o.late Sethumadhavan residing at Parithikkad Veedu, Edayar Street, Pa!akkad Taluk the respondent in. R.F.A. 199/2019 and R.F.A.179/2021 do hel-eby declare that all the statements made above are true and correct tot the best of our knowledge information and belief.

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Respondent

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Appellants
1.ha.
2: ndgivrf_

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•f\

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KERALA STATE MRI)IATION AND CONCILIATION CENTRE rilGH cOuRT MEDIATION CENTRE ; I]ISTRlcT

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TO BE RETURNED TO 'I`HE NODAL OFFICI}R T0 BE COPIF,D T() THF, REFHRRING J.UDGE

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f f i rfi<if. !S 1 CaseNunber„.ft..I.A„....1.:1.\Lfi 2. Didthecaseultimatelysettle pr\e QA` l\J\ ll. cJ ]3 \L|jL\ Y:(::/ 3. If yes, a) Date of settlement.. b) Has theagreementbeenreduced intowriting? JEEii c) Haveanyrelatedc;sesbeensettledasaresult? .^ Plcase list case numbers:

¶129

b) Has theagreementbeenreduced intowriting? JEEii
c) Haveanyrelatedc;sesbeensettledasaresult?
.^
Plcase list case numbers:
If no,whatwastheprimaryreasonfornon-settlonont:
Case was NOT mediated because:
a). I Gas.ewas deemed unfit formediation. Why unfit?
b) I Oneormore necessary parties never appeared:
I plintifl` I ~D'efendant I Both
c I oneormorenedessaryparties failer]to appearforafollow-up
I plintiff i r)efendant I Both
d) I Oneor moreparties could notchtalri authority to negotiate
Eiil I plalnff I Defendant
Case Media.te.d but:
e) One or more parties appeared but refused to participate in mediation
plalndff. I Defiindaht I Both
0 Could not reach agreement on tens
Dates:
a) Retumoffiletocourt: Cf a.\§\}+ul
b) Parties appearance before the
Noclal Officer's Name : +.. .G\ .... T.a.nft*Th
Signature Gl&NIh

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Date. c|ai i Q| )tL . , `

K.K.Ashokkumar v. M.Gopinathan

Case brief

What is this about?

What did the court decide?

K.K.Ashokkumar v. M.Gopinathan

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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