Suit decree challenge settled in mediation; High Court set aside the ex parte decree and remitted the suit to the trial court for disposal per the memorandum of settlement.
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O.P.(C)No.3500 of 2017
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 OP(C) NO. 3500 OF 2017
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.197 OF 2013 OF ASSISTANT SESSIONS COURT/III ADDITIONAL SUB COURT, ERNAKULAM
PETITIONER/S:
DR.KURIAKOSE CLEEMESE METROPOLITAN AGED 50, S/O T.P ABRAHAM, PULLIYATTU THUKALAN HOUSE,KANDANADU KARA, MANAKUNNAM VILLAGE, KANAYANNUR TALUK,ERNAKULAM DISTRICT,PIN-682 313.
BY ADVS. SRI.P.VISWANATHAN SRI.SHIBU JOSEPH
RESPONDENT/S:
1 M.V.VARGHESE
AGED 70, S/O VARKEY, MAZHUVANNUPARAMBIL HOUSE, MONIPPILLY KARA, THIRUVANIYOOR POST, KUNNATHUNADU TALUK, ERNAKULAM DIST, PIN-682 308.
2 SHOSHAMMA VARGHESE,
W/O LATE M.V .VARGHESE, MAZHUVANNUPARAMBIL HOUSE, MINIPPILLY KARA, ERNAKULAM
3 M V GEORGE S/O LATE M.V.VARGHESE, MAZHUVANNUPARAMBIL HOUSE, KOLENCHERY, KUNNATHUNADU TALUK, ERNAKULAM
4 PAUL VARGHESE
O.P.(C)No.3500 of 2017
2
S/O LATE M.V. VARGHESE, MAZHUVANNUPARAMBIL HOUSE, MINIPPILLY KARA, THIRUVANIYOOR VILLAGE, ERNAKULAM
5 JESSY SAJITH D/O LATE M V VARGHESE MATTAMANA HOUSE, KURUPPUMPADY P O, PERUMBAVOOR, ERNAKULAM
ADDITIONAL R2 TO ADDITIONAL R5 ARE IMPLEADED AS LRS OF DECEASED FIRST RESPONDENT VIDE ORDER DATED 08/08/2018 IN IA 449/2018.
BY ADVS. SRI.MATHEWS K.PHILIP SMT.T.MANASY MINISHA K DAS(K/807/2008)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.3500 of 2017
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JUDGMENT
Dated this the 15th day of March 2024
Learned counsel for the petitioner and respondent would
submit that the matter has been amicably settled between the parties in mediation.
stand set aside. The matter is remitted to the trial court for further consideration in accordance with the memorandum of settlement
arrived at by and between the parties.
O.P.(C) is disposed of as above.
The parties shall appear before the trial court on 30.03.2024.
Sd/-
C. Jayachandran
Judge
vpv
O.P.(C)No.3500 of 2017
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APPENDIX OF OP(C) 3500/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE PLAINT IN OS 197/2013 OF SUB COURT, ERNAKULAM EXHIBIT P2 TRUE PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT IN O.S NO.197/2013
EXHIBIT P3 THE TRUE COPY OF THE EXPARTE DECREE IN O.S NO.197 OF 2013.
EXHIBIT P4 A TRUE PHOTOSTAT COPY OF I.A 2617 OF 2017 IN O.S NO.197 OF 2013
EXHIBIT P5 THE TRUE PHOTOSTAT COPY OF THE OBJECTION FILED TO THE EXHIBIT P4 PETITION.
EXHIBIT P6 A TRUE PHOTOSTAT COPY OF I.A NO.2616 OF 2017. EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE COMMON ORDER IN EXHIBIT P4 AND EXHIBIT P6
EXHIBIT P8 TRUE PHOTOCOPY OF THE I.A NO.1552 OF 2013
BEFORE THE HONOURABLE HIGH COURT OF KERALA ERNAKULAM
OPIC) No.3500 0F 2017
Dr. Kuriakose Cleemese Metropolitan
Petitioner/Defendant
M.V. Varghese(Died)& Others
Respondent/Plaintiff
MEMORANDUM OF SEITLEMEIIT UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION). RULES, 2008.
Both parties agree to settle their case amicably in the following terms and conditions :
Petitioner/Defendant
Respondent/plaintiff
Dr. Kuriakose Cleemese Metropolitan
R2 - ShoshammaM.V.Varghese (Died)vaife9uffro"I)pek£
ifeLllastoteivled.iat.lop,a,idcejnl`",i:,:.3:it?ncentre ``` Highcour[of Kerala Kochi -682 031
R4 -Paul Varghese i,=`R5 -jessy sajith .
Dated this the 29th day of February, 2024.
Petitioner/Defendant
a{'..t-dke.`tl Dr. Kuriakose Cleemese Metropolitan
t\ RERE \z2,#QS Counsel for the Petitioner
Respondent/plaintiff M.warghese(3D.grfvjee
R2 - Shoshamma Va R3 - M.V. George R4 - Paul Varghese R5 -jessy Sajith Counsel for R2 to R5 :--_-1-:-trf=Qlyty)<A,#:``o,
IfLe¥fate±,;;:::.ssett'ementagr,eement'sGa,::h:::j#eirng
KOchj -¢::,;- -,:. , j
Hedl`chT
1 issue framed by the court
Whether the ex parte decree in O.S. No.197 of 2013 should be set aside in light of the parties' mediated settlement.
1 provisions across 1 enactments
Dr. Kuriakose Cleemese Metropolitan
M.V. Varghese (Died)
Shoshamma Varghese
M.V. George
Paul Varghese
Jessy Sajith
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
