Disposed

Sophy Joseph v. Maggie Mariam

Kerala HC1 Feb 2023Mat.Appeal/183/2015

Case brief

AI extract

What is this about?

In Mat. Appeals arising from a Family Court money recovery decree, the Court disposed of the matters based on a mediated settlement. The Court recorded the agreement, specifying payment terms and conditions for lifting property attachment.

What did the court decide?

Settlement recorded; decree for respondent to receive Rs. 15,00,000 within 6 months; attachment on appellant's property to remain until payment.

Sophy Joseph Vs Maggie Mariam — Civil Procedure and Limitation | Kerala HC (2023)

¶1

IN TEE HIGH Cot)RT OF RERAIA AT ERNnRI7Lm4

¶2

PRESENT

¶3

THE HONOuRABlra rm. rusTlcE ANII. K.NARENDRAN

¶4

¶5

THE E[oNouRABLE in.eusTlcE p.G. ATITHKtnnR

¶6

wEDNESDAy, TEE isT Day OF FEBFtt]ARy 2023 / i2" ineIA, ig44 RAT.APPEAII NO.183 0F 2015

¶7

AGAINST TEn= ORDER DATED 2o.11.2ol4 IN o.p.No.66o/2oll CAN THE FILEs oF THE Erml,I count, THODupuzHA

¶8

APPELIANT/2ND RESPONDENT :

¶9

SOPPY COSEPH zwrm 64 ±

¶10

w/O.v.c. ]osEPH, HOTTARAmll, HOusE , enimREADu "oDupuzIA, IDUREI DlsmlcT.

¶11

BY OwS .

¶12

SRI . M . a . SANDREP SMT . R . ENJ± SRI.M.A.AHABonD SREER SRI.ABHIIASH JOSH SRT . R . PRIIA SRI . 8 . SURJIH SRI .V.VISAli AIJAYAN

¶13

EusspcmiDENTs/pETITloNER/1sT REspoNDENT :

¶14

mGrelE inRIAM HOsErr JIGED 34 -

¶15

D/o.q!HCRAS HoSErr, RESIDING AT I.IC-478, pnNmoll[L¥ lmGnR, ERItARIJLm4 SouTH, plN 682036.

¶16

dERRyroN T. HOTTABAM AGED 32 YEZIRS

¶17

s/o.v.c. diosEPH, HOTTaRnTHII] HOusE, MENmFERE, THODUPUZIA, PIN -685584.

¶18

Mat.Appeal No.183 and 295 of 2015

¶19

BY rev.

¶20

SMT.K.M.RASD4I (PARAVOOR)

¶21

THIS mTRIENIAL AppEAI, HAVING cchG up FOR ADNISslon On 01.02.2023, AlioNG WITH rat.A;ppeal.295/2015, TEE couRT Col TEE sA)G DAy DEI,Iv=RED THE Fol.IfowlNG:

¶22

Mat.Appeal No.183 and 295 of 2015

¶23

IN TIRE E[IGH couRT oF RERAIA AT EEDtaKulAM

¶24

PRESET

¶25

TIE HCINOuRABI.I MR. dusTlcE ANII. K.NARENDRaeT

¶26

¶27

TEH= HcrmouRABLE MR. dusTlcN= p.G. ArlTEEKumR

¶28

WEDNESDAY, THE IST DAY OF FEBRIIARY 2023 / 12" REEIA,

¶29

1944

¶30

RAT.AE.PEAL NO.295 0F 2015

¶31

AGAINST THE ORDER DATED 20.11.2014 IN O.P.NO.660 0F 2011

¶32

oF Frml.y couRT, THcOupuzHA

¶33

APPEI.IANT/RETITIONER:

¶34

inGGIE enRIAM rosH¥

¶35

AesD 35 rEms, D/O.rmons, I.Ic-478, pJUNaelEL¥ NAGAR, ERItaRITI,AM, KocHI-36 ,

¶36

NOW HAVING PERMANENT RESIDENCE AT KANNANKARA HousE , malNGAI.KARIREch4 ro , RTLATHupuzEIA, roLILAM DlsmlcT, plN-69131o.

¶37

BY Ow.

¶38

SMT.K.M.RAsma (pARn:VooR)

¶39

RESPONDENT/RESPONDENTS :

¶40

JEREyroN T. HOTmRm4

¶41

S/o.v.c.-iosEPH, AGm 34 ¥EARs, HOTTARATHIL HousE, inNAREADu, THODupuzEIA, plN-685 584.

¶42

SOPHY JOSEPH

¶43

w/O.v.C.ToSEPH, AGED 65 rEARS, HOTTrmTHII, E[ouSE, imNAREADu, THODupuzEIA, plN-685 584.

¶44

8¥ anvs . SMT . R . ENJENA

¶45

Mat.Appeal No.183 and 295 of 2015

¶46

SRI.M.A.AHAiomD SREER SRI.ABEIIASH JOSH SRT . R . PRIYA

¶47

SRI . M . 8 . SANDREP

¶48

SRI . a . StJRTITH

¶49

SRI.V.VISAL AJAXAN

¶50

TE[Is imTRIMONIAI. AppEAI, EZL:vlNG COME up FOR ADMISslon ou 01.02.2023, AroNG WITH mt.Appeal.183/2015, TEb= COURT ON THE SA)G DAY DEIIIVE:RED TEE FOIil[OWING:

¶51

Mat.Appeal No,183 and 295 of 2015

¶52

UDGM

¶53

Anil K Narendran, J.

¶54

Mat.ADDeal No.183 of 2015:- The appellant is the 2nd respondent in O.P.No.660 of 2011 on the ffle Of the Faintly Court, Thodupuzha, which is one filed by the lst respondent herein seeking a decr.ee for recovery of money and gold ornaments. By the judgment and decree dated 20.11.2014, that original petition was allowed as follows:

¶55

"In the result, the petition is allowed and given a decree in the following:

¶56

The petitioner is entitled to get a decree for realization of 25 sovereigns of gold ornaments or its present market value of Rs.5,75,000/- with 6% interest from the date of petition to the date of decree. 2. The petitioner is entitled to get Rs.1,39,500/with 6% interest from the date of petition to the date of decree.

¶57

The respondents are directed to pay the decreetal amount and the gold ornaments within three months from the date of decree.

¶58

If the respondents failed to pay the decreetaJ amount and the gold ornaments from the date of decree the petitioner is entitled to realize the amount with interest @ 12% from the date of decree till

¶59

Mat.Appeal No.183 and 295 of 2015

¶60

realization and chargeable from the property attached as per order in I.A.1077/2011 in this case. In the circumstance the peti.tioner is entitled to get costs of the petition also from the respondents."

¶61

1.1. Feeling aggrieved, the appellant filed this appeal,

¶62

invoking the provisions under Section 19(1) of the Family Courts Act, 1984, on 18.02.2015, along with C.M.Application No.623 of 2015, for condoning the delay of 45 days, which was condoned by the order dated 20.11.2015.

¶63

1.2. On 10.12.2015, when this appeal came up for admission, this Court admitted the matter on file. The respondent entered appearance through counsel. In I.A.No.655 of 2015, this Court passed an interim order which reads thus;

¶64

``There will be an interim stay against the execution of

¶65

the decree in O.P.No.660 of 2011 of the Family Court, Thodupuzha dated 20.11.2014 pending disposal of the appeal, subject to condition of the appellant furnishing security for the entire decree amount to the satisfaction of the Family Court, within a period of six weeks from today. It is made clear that the Family Court will be at liberty to accept property under attachment as security provided it is satisfied with respect to sufficiency of its

¶66

Mat.Appeal No.183 and 295 of 2015

¶67

valuation."

¶68

Mat.ADDeal No.295 of 2015:-The lst respondent in Mat.Appeal No.183 of 2015 has filed this appeal challenging the judgment and decree dated 20.11.2014 in O.P No.660 Of 2011 on the file Of the Family Court, Thodupuzha since the Family Court decreed the said original petition only in part, This appeal was filed along with C.M.Appln.No.623 of 2015, for condonation of delay, which was condoned by the order dated 20.11.2015.

¶69

On 22.12.2022, when these appeals came up for consideration, in order to explore the possibility of settlement by mediation, both parties were directed to appear before the Nedal Officer, Ernakulam Mediation Centre in the premises of this Court, on 11.01.2023 at 10.15. a.in.

¶70

Now the parties have settled the disputes in mediation and they have entered into a memorandum of agreement dated 23.01.2023, which is placed on record along with the report dated 23.01.2023 of the Mediator.

¶71

Ibday, when these matters are taken up for

¶72

Mat.Appeal No.183 and 295 of 2015

¶73

consideration, it is pointed out that these appeals can be disposed of in terms of the terms and conditions contained in the memorandum of agreement dated 23.01.2023.

¶74

In such circumstances, these appears are disposed of in terrms of the terms and .conditions contained jn the memorandum of agreement dated 23.01.2023 which shall form part of this judgment. Consequently, there will be a decree in O.P.No.660 of 2011 in terms of that memorandum of agreement directing the appelfant to pay the respondent a sum of Rs.15,00,000/-within a period of six months from the date of agreement, i.e., 23.01.2023. In case of default, the appellant will be liable to pay interest for the said amount after the said period of six months, till payment. Only on such payment, the appelfant can approach the Family Court, Thodupuzha to lift the order of attachment over her property.

¶75

Sd/-

¶76

ANIL I(. NARENDRAN, JUDGE

¶77

Sd/P!G! AI.!TH`Ku,M.AR, JU_DGE

¶78

¶79

ERNAKULAM MEDIATION CENTRE

¶80

(HIGH COURT HALL)

¶81

The Nodal Officer,
High Court Mediation Centre.

¶82

¶83

The Registrar Uudicial)
High Court of Kerala, Ernakulam

¶84

Sir'

¶85

Sub : Mediation of case referred by the Hon'ble High Court of Kerala -
reg.
RES . Rdearfteer:a.I.SffQ£|if i.i!£i;4:PHP;£:;;!if=3ri;9£ri.3;3:S:.:#k3;a::i b <br>11,I111,11<br>ti-.f ? <br>Lrf}
I am to forward herewith Report of the Mediator in the matter along
Q,
r?r'R©::{Bngtt.3enclosuresforinformationandnecessaryaction.

¶86

Yours Faithfully,
yyn c'T"
Nodal offi.cer ,... AmLt.fl.kp
Ernakulam Mediation Centre

¶87

`//
Report Of the Mediator, Settlement , ement
Copy of the referral order dated ..9H#t)g*r;i, of the High Court of Kerala..
Copy of the Petition

¶88

¶89

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

¶90

Mat Appeal No.183 of 2015

¶91

Sophy Joseph Appellant/2nd Respondent

¶92

Vs.

¶93

Maggie Mariam Koshy &Anr. : Respondents/Petitioner/1st

¶94

Respondent

¶95

¶96

Mat.Appeal No.295 of 2015

¶97

Maggie Mariam Koshy : Appellant/Petitioner

¶98

Vs'

¶99

jerrymon j.Kottaram & Anr. Respondents/Respondents

¶100

REPORT SUBMITTED BY THE MEDIATOR

¶101

ADV. ZOHRA M.A.

¶102

Mediated, matter is settled.

¶103

Settlement Agreement is attached herewith.

¶104

Dated this the 23rd day of January, 2023.

¶105

Adv. Zohra M.A. Mediator

¶106

Ernakulam Mediation Centre

¶107

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

¶108

Mat Appeal No.183 of 2015

¶109

Sophy Joseph Appellant/2nd Respondent

¶110

Vs.

¶111

Maggie Mariam Koshy & Anr, : Respondents/Petitioner/1st

¶112

Respondent

¶113

¶114

Mat.Appeal No.295 of 2015

¶115

Maggie Mariam Koshy : Appellant/Petitioner

¶116

Vs.

¶117

jerrymon j.Kottaram & Anr. Respondents/Respondents

¶118

MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:

¶119

The Petitioner in O.P.No.660/2011 before the Family Court, Thodupuzha, namely Maggie Mariam Koshy is the Appellant in Mat. Appeal No.295/2015 and the lst Respondent in Mat. Appeal No.183/2015.The 2nd Re'spondent Sophy Joseph is the Appellant in Mat. Appeal No.183/2015. The Ex.Husband of the Petitioner, jerrymon j. Kottaram is the lst Respondent in Mat. Appeal No.295/2015 and the 2nd Respondent in Mat.Appeal No.183 of 2015 which is filed by his mother Smt. Sophy Joseph. The parties agreed to resolve the disputes involved in the above Mat. Appeals arising from O.P. No.660 of 2011 on the files of the Family Court, Thodupuzha on the following terms and conditions.

¶120

t7*,I,I

¶121

KefalaOiL'ieijle(l;...-...I..;,"concjlja!!¢ncentrg lligh Col,1 of ;'`.erala Kochj - 682 031

¶122

==:i-

¶123

(2)

¶124

It is agreed by the parties that the issue involved in the above appeals arises from the money claim and claim of ornaments made by the Petitioner in O.P.No.660/2011 and that the entire claim stand settled on payment of Rs.15,00,000 (Fifteen lakh only) by the Respondents to the Petitioner within a period of six months from today.

¶125

It is agreed by the parties that on payment of the said amount the attachment prevailing over the property of Sophy Joseph,the Appellant in Mat.Appeal No. 183/2015 can be lifted on the basis of the judgment passed by this Hon'ble Court recording this settlement agreement, as if No Objection is endorsed by the Petitioner Maggie Mariam Koshy to such petitions filed by Sophy Joseph for lifting the attachment from the Family Court, Thodupuzha once the payment is effected.

¶126

In cause of default of payment as agreed to above within 6 months from today the Respondents in O.P.660/2011 has agreed to pay an interest at 6°/o per annum for the amount of Rs.15,00000/-(Fifteen lakh only) from the said date on which 6 months is over and till the payment is effected to the Petitioner. Only of payment of this amount in total the attachment can be lifted as

¶127

%detailedabove

¶128

-±=i--

¶129

Keraia s:3'::/ .+I:et'i,-itic.1 .:,n;.i cf!:iciii@ti¢n cemr8 liiQh Ccu;Ji cj{ :`{9ra!a

¶130

Kochi -682 031

¶131

(3)

¶132

Hence it is humbly prayed that this Hon'ble Court may be pleased to dispose of the above appeals recording this compromise as part of this Hon'ble Court's Judgment in the interest of Justice.

¶133

Dated this the 23rd day of January, 2023.

¶134

Appel lant/Petitioner Respondents/Respondents

¶135

Magg#Koshy

¶136

2.Sophyjoseph #' (Appellant in Mat.Appeal 183/2015) •,', .,`' _sANtDE€p \vj e, Counsel for the Appellant Counsel for t espondentb/s?:,2/i':

¶137

#`@,t';i!a State it{ . ``;atjon and C..t!1ciljati®n Centre

¶138

: ;!!:i Ct..i;1 c;t i{:e.rtiL!

¶139

+.. , Kochi -682 031

Sophy Joseph v. Maggie Mariam

Case brief

What is this about?

What did the court decide?

Sophy Joseph v. Maggie Mariam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vandana C.V. Vs Abhilash Mark

Sankaranarayanan T.M. Vs State of Kerala

Ravi Sabu Vs Sajna

N.a.Kumaran Vs Cochin Dewasom Board , Represented by Its Secretary

Sitco Associates Vs State of Kerala

Maggie Mariam Koshy Vs Jerrimon J.Kottaram