Dismissed

Bensy @ Bonefas Roadrigues v. Tm Koya

Kerala HC4 Apr 2022RSA/99/2016

Case brief

AI extract

What is this about?

The Kerala High Court disposed of regular second appeals arising from execution petitions in the Subordinate judge's Court, Kochi. The case was heard alongside RSA 99/2016 as a joint matter where the parties had reached a mediated settlement. Upon confirmation of the lawful agreement, the Court recorded the mediation report and disposed of the appeals.

What did the court decide?

Disposed of the Regular Second Appeals nos. 1341 of 2015 and 99 of 2016 by recording the mediation settlement agreement.

Bensy @ Bonefas Roadrigues Vs Tm Koya — Property and Title | Kerala HC (2022)

¶1

IN THE HIGH COURT 0F KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONouRABLE rm.]uSTICE K. BABu

¶4

MONDAY, THE 4TH DAY 0F APRIL 2022 / 14TH CHAITHRA, 1944

¶5

RSA NO. 13410F 2015

¶6

AGAINST THE DECREE AND JUDGMENT DATED 3®.10.2013 IN AS 18/2012

¶7

0F SUB COURT,KOCHI

¶8

AGAINST THE DECREE AND JUDGMENT DATED 29.02.2012 IN 0S

¶9

43®/2009 0F ADDITIONAL MUNSIFF COURT,KOCHI

¶10

APPELLANT/RESPONDENT/PLAINTIFF:

¶11

BENSY @ B0NEFAS RODRIGUES AGED 55 YEARS S/0 MERCILLIN RODRIGUES, KOLLAMVELIYAKATH HOUSE,NJARAKKAL PO, KOCHI TALUK

¶12

BY ADVS. SRI . G . HARIHARAN SRI.PRAVEEN HARIHARAN

¶13

RESPONDENTS/APPELLANTS/DEFENDANTS:

¶14

T.M.KOYA, AGED AROUND 66 YRRAS,

¶15

S/0 MUHAMMEDUNNI, THERAYIL HOUSE,1X/1112,

¶16

MALIPPURAM PO, KOCHI TALUK, 682 511

¶17

*2 SEBASTIAN, AGED AROUND 48 YEARS, (DELETED), S/0 ANTONY, THEKKEVEETIL HOUSE,NJARAKKAL PO, KOCHI-TALUK-682 505

¶18

*3 BABU, AGED AROUND 54 YEARS, (DELETED) S/0 THANKAPPAN, ANCHALASSERY HOUSE, ELAMKUNNAPUZHA PO, KOCHI TALUK-682 503

¶19

(*RESPONDENTS 2 AND 3 ARE DELETED FROM THE PARTY ARRAY AT THE RISK 0F THE APPELLANT AS PER ORDER DATED 04.04.2022 IN IA.1/2022.)

¶20

BY ADVS.

¶21

SRI.ABDUL JALEEL.A FOR RI SMT. SULFIA M.A. FOR RI SMT. SHEHEERA P.Y FOR R1

¶22

RSA NoS.1341 of 2015 & 99 of 2®16

¶23

SRI.P.K.ABDU RAHEEM FOR R3 SRI.P.CHANDRASEKHAR FOR R3 SRI.K.NANDAKUMAR FOR R3 SRI.S.PRASANTH FOR R3

¶24

SMT.UMA FOR R3

¶25

THIS REGULAR SECOND APPEAL HAVING BEEN HEARD 0N 04.04.2022, ALONG WITH RSA.99/2016, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:

¶26

RSA Mos.1341 of 2015 & 99 of 2016

¶27

IN THE HIGH COURT 0F KERALA AT ERNAKULAM

¶28

PRESENT

¶29

THE HONOURABLE MR.JUSTICE K. BABU

¶30

MONDAY, THE 4TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944

¶31

RSA NO. 99 0F 2016

¶32

AGAINST THE DECREE AND JUDGMENT DATED 30.10.2013 IN AS 20/2012

¶33

0F SUB COURT,KOCHI

¶34

AGAINST THE DECREE AND JUDGMENT DATED 29.®2.2012 IN OS

¶35

NO.430/2®®9 0F ADDITIONAL MUNSIFF COURT,l{OCHI

¶36

APPELLANT/1ST RESPONDENT/PLAINTIFF :

¶37

BENSY @ B0NEFAS RODRIGUES

¶38

AGED 55 YEARS

¶39

S/0. MERCILLIN RODRIGUES, KOLLAMVELIYAKATH HOUSE, NJARAKKAL P.0., KOCHI TALUK.

¶40

BY ADVS. SRI . G . HARIHARAN SRI . PRAVEEN . H .

¶41

RESPONDENTS/RESPONDENTS 2 AND 3 AND APPELLANT/DEFENDANTS:

¶42

TM KOYA, AGED AROUND 66 YEARS,

¶43

S/0. MUHAMMEDUNNI, THERAYIL HOUSE, IX/1112,

¶44

MALIPPURAM P.0., KOCHI TALUK -682 511.

¶45

*2 SEBASTIAN , ( DELETED ) AGED 47 YEARS S/0. ANTONY, THEKKEVEETIL HOUSE, NJARAKKAL P.0, KOCHI TALUK -682 505,

¶46

*3 BABU , ( DELETED ) AGED 54 YEARS S/0. THANKAPPAN, ANCHALASERY HOUSE, ELAMKUNNAPUZHA P,0., KOCHI TALUK -682 503.

¶47

(*RESPONDENTS 2 AND 3 ARE DELETED FROM THE PARTY ARRAY AT THE RISK 0F APPELLANTS AS PER ORDER DATED 04.04.2022 IN IA.1/2022.)

¶48

BY ADVS.

¶49

SMT.SHAHEERA.P.J FOR R1

¶50

RSA NoS.1341 of 2015 & 99 of 2016

¶51

SRI.ABDUL JALEEL.A FOR RI SMT.M.A.SULFIA FOR RI SRI.P.CHANDRASEKHAR FOR R3 SMT.MARY RESHMA GEORGE FOR R3 SMT.P.M.MAZNA MANS00R FOR R3 SRI.S.PRASANTH FOR R3

¶52

THIS REGULAR SECOND APPEAL HAVING BEEN HEARD ON 04.04.2022, ALONG WITH RSA.1341/2015, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:

¶53

RSA Mos.1341 of 2015 & 99 of 2016

¶54

K.BABU, I.

¶55

R.S,A. Nos,1341 of 2015 & 99 of 2016

¶56

Dated this the 4th day of April, 2022

¶57

luDGMENT

¶58

These Regular Second Appeals arise from the common judgment passed by the Subordinate judge's Court, Kochi, in A.S.Nos. 18 of 2012 and 20 of 2012, The parties were referred to mediation, A report has been submitted by the Mediator, Ernakulam Mediation Centre (High Court Hall), Ernakulam, stating that the disputes have been settled. The memorandum of agreement is appended to the report. It is stated in the memorandum that, the disputes between the parties have been amicably settled. The terms arrived at between the parties are lawful.

¶59

Hence, these Regular Second Appeals are disposed of, recording the aforementioned agreement entered into between the parties. The memorandum of agreement shall form part of this judgment.

¶60

Sd/K . BABU JUDGE

¶61

VPK

¶62

ERNAKULAM MEDIATION CENTRE

¶63

(H.GH COURT HALL)

¶64

2nd floor. above SBl, lliah Court buildina, Emakulam, Kochi -31.

¶65

(ph.o484-2562238:ated„€.a..?..[.€`

¶66

EMC/Reg. No.. i.hha[l\

¶67

From

¶68

The Nodal Officer, High Court Mediation Centre.

¶69

¶70

The Registrar Uudicial), High Court of Kerala. Ernakulam

¶71

Sir,

¶72

Sub:-Mediation of referred cases -Reg.

¶73

Ref:-Referral order in .....fro..Of.¢„.3.A..(.\.I..J...|£.ha\ 15'

¶74

f the Hon'ble High Court of Kerala.

¶75

:i::`:-

¶76

The report of the Mediator in the matter along with the enclosures is furnished herewith for information and necessary action.

frl\

Yours faithfully,

Nodal Officer Ernakulam Mediation Centre

¶81

Eiiil

¶82

Enc': 21 :::;rtof°:etfheeIT:,eod::::r;:tee:'e::in;:g\r;e\meonftthe H,gh court of Keraia

¶83

Copy of Petition./

¶84

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

¶85

RSA Nos. 99/2016 & 1341/2015

¶86

Bensy @ Bone fas Rodrigues

Appellant

Vs.

T.M Koya & Others

Respondents

REPOFITSUBMIITEDBYTHEML4EPIAIQB

¶93

ADV. B.S. SURESH

¶94

Mediated, matter is settled.

¶95

Terms and conditions are attached herewith.

¶96

¶97

Dated this the 23rd day of March, 2022.

¶98

KERALA AT ERNAKULAM

¶99

BSA_Nos_. 99/2016 a 1341/2Q±±

¶100

Bensy @ Bone fas Rodrigues Appellant

¶101

Vs.

¶102

T.M Koya & Others Respondents

¶103

® BEFORE THE HONOURABLE HIGH COURT OFE|L:=GR:o:::':DE=N=T:cRt:E:A:D:E=:I,]EE,U:LT=:,:I RULES. 2008:

¶104

lt is submitted that Respondent Nos 2 and 3 are not necessary parties and they are having no connection with the dispute or in conhection with the plaint schedule property and hence this matter is settled in between Appellant and first respondent. The first respondent

¶105

who is the auction purchaser of the plaint schedule property in EP,No.159/2006 in OS.No.430/2009 of Munsiff.s Court, Kochi, is hereby

¶106

a agreed to restore the plaint schedule property in the name of Bensy @ Bone fas Rodrigues in terms of the following conditions:

¶107

The appellant Bensy@ Bone fas Rodrigues hereby agreed to pay

¶108

an amount of Rs.5,00,000/- (Rupees Five Lakh only) as full and final settlement for setting aside the purchase certificate issued by the

¶109

Hon'ble Munsiff's Court, Kochi in OS.No.430/2009.

¶110

Ei79- ap

¶111

ro,a\asate,,£fetrs,o„fcon"3troncen,e riprj. I,,otK-'a KocTu.68203

¶112

¶113

-2-

¶114

The lst respondent is having no obj.ection to set aside or quash the purchase certificate dated 19/09/2008 issued by the Hon'ble Prl, Musiff's Court, Kochi in EP.No.159/2006 in OS.No.440/2005.

¶115

It is further agreed by the appellant that the above said amount

¶116

will be handed over by way of Demand Draft or through Bank transfer ® to the lst Respondent on or before 04/04/2022.

¶117

On failure on any terms stated above and if the appellant fails

¶118

to pay the amount in time, the lst respondent is entitled to proceed with the terms of Purchase Certificate as its exclusive owner.

¶119

Both parties agree to settle all the connected matter relating to

¶120

this dispute including RSA No,1341/2015 pending before this Hon'ble Court.

¶121

¶122

Dated this the 23rd day of March, 2022.

Appellant

1st Respondent

Bensy

Advoca't#Appellant

ti: - :`:-:: ------,Advocate for lst Respondent

¶128

(

¶129

ttela\aStatea'St:-lion-.+cone.i`iationCentle h ~ ,:-",, ,(era'a

¶130

Kogh.,-??2P?1

Bensy @ Bonefas Roadrigues v. Tm Koya

Case brief

What is this about?

What did the court decide?

Bensy @ Bonefas Roadrigues v. Tm Koya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Francis M.A. Vs Saleesh

K.Ramakrishna Menon Vs Ayyappanchery Sreedharma Shasthakshetram

Syed Ahammed Vs Muhammed Khan Rawther

Bensy @ Bonefas Rodrigues Vs T.M.Koya

Padmakumari Vs N.Venugopal

K.Venkatramana Bhat Vs B.Krishna Pai