Dismissed

Binu Pulickakandam v. Rajesh Joseph

Kerala HC11 Apr 2024RFA/388/2007

Case brief

AI extract

What is this about?

High Court disposed of a regular first appeal upon successful mediation settlement. The memorandum of agreement, where the respondent agreed to pay a specific sum, was incorporated into the judgment. The impugned decree was set aside and attachments lifted.

What did the court decide?

Impugned decree and judgment set aside; appeal dismissed in terms of settlement; attachments lifted; court fee refunded.

Binu Pulickakandam Vs Rajesh Joseph — Civil Procedure and Limitation | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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THURSDAY, THE 11^TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946

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RFA NO. 388 OF 2007

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[AGAINST THE JUDGMENT AND DECREE IN OS NO.10 OF 2006 OF SUB COURT, PALA]

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APPELLANT/PLAINTIFF:

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BINU PULICKAKANDAM, S/O.SUKUMARAN NAIR, PULICKAKANDAM, PALA KARA, MEENACHIL VILLAGE.

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BY ADVS. SRI.TOM JOSE (PADINJAREKARA) SRI.VIVEK VARGHESE P.J.

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RESPONDENT/DEFENDANT:

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RAJESH JOSEPH MANARKATTU VEEDU, PARAPPALLY KARA, POOVARANI VILLAGE.

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BY ADV SRI.P.C.HARIDAS

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THIS REGULAR FIRST APPEAL HAVING BEEN COME UP FOR HEARING ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

R.F.A.NO.388 OF 2007

:-2-:

J U D G M E N T

The parties have settled their disputes in mediation. They have entered into a memorandum of agreement incorporating the terms of settlement. Today, counsel on both sides submits that the entire amount as per the agreement has been paid. The decree and judgment impugned in this appeal is set aside and the appeal is disposed of in terms of the settlement.

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2. The memorandum of agreement dated

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22.03.2024 shall form part of this judgment. In

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view of the settlement arrived between the parties, all attachments over the properties in respect of the suit shall be lifted and the court fee paid on the memorandum of appeal shall be refunded to the appellant.

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3. The Registry shall intimate the Meenachil S.R.O. regarding the lifting of attachment over the properties.

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R.F.A.NO.388 OF 2007

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:-3-:

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All pending interlocutory applications

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are closed.

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Sd/-

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SHOBA ANNAMMA EAPEN, JUDGE

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MBS/

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

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R.F.A. No. 388 of 2007

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Binu Pulickakandam : Appellant

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Vs.

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Rajesh Joseph : Respondent

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REPORT S BMI-ITED BY MEDIATOR

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Mediated, matter is settled.

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Terms and conditions are attached herewith.

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Dated this the 22nd day of March, 2024.

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Adv. |oby Jacob Pulickekudy Mediator Ernakulam Mediation Centre

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

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R.F.A. No] 388 of 2007

Binu Pulickakandam

: Appellant

Vs.

Rajesh Joseph

: Respondent

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

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Parties agree to settle the disputes as follows:-

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1, The Respondent/Defendant agrees to pay a sum of Rs.52,50,000/-( Rupees Fifty two lakhs fifty thousand only) to the Appellant/plaintiff; as full and final settlement with regard to the claims in the above appeal.

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Appellant

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Respondent rf£#h

¶51

ifeLllaStateMedjatjo.iandCciicil!.a!jonC®nco

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j``.`H!%3:::£Kfrtala

¶53

-2-

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Out of the above said total sum of Rs.52,50,000/(Rupees Fifty two lakhs fifty thousand only) the Respondent/Defendant shall pay a sum of Rs. 20,00,000/(Rupees Twenty lakhs only) within one week from today.

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The balance amount of Rs.32,50,000/-( Rupees Thirty two lakhs fifty thousand only) shall be paid by the Respondent to the Appellant within one month from today.

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The Appellant/Plaintiff agrees that on receiving the above said full amount the attachment over the properties made by this Hon'ble Court in the above appeal can be lifted.

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The Appellant/Plaintiff has agreed to withdraw Crl L.P No.634/2023 pending before this Hon'ble Court against the judgment dated 11/09/2014 of the jFCM-ll, Pala, on the basis of the very same cheque involved in the above appeal, on realisation of the entire amounts mentioned above.

Appellant

Respondent

Binu Pulickakandam

K ,1la State Mediation and C.`Tnci!iation Centre --H,%ho3;::32%r,a|a . ,,of

¶63

-3-

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In case of default of the above said terms and conditions, the Appellant/Plaintiff will be entitled to recover the plaint amount of Rs.25,12,328/-(Rupees Twenty five lakhs twelve thousand three hundred and twenty eight only) with 12% interest in OS,No.10/2006 of Sub Court, Pala from the date of suit, till realisatjon from the Respondent/Defendant and by selling the properties attached, in execution.

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Dated thisthe 22nd dayof March, 2024.

Appellant

Respondent

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7ocmozo4.E#froAp4pq:[j:9not

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pcife,D%zgriii2) Counsel for the Respondent

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The above Settlement Agreement is authenticated by me.

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Adv. joby Jacob Pulickekudy (Mediator)

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•Ja S! _,,,: ,, I

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Binu Pulickakandam v. Rajesh Joseph

Case brief

What is this about?

What did the court decide?

Binu Pulickakandam v. Rajesh Joseph

Case brief

What is this about?

What did the court decide?

What the court decided

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