Full Judgment
REZ1_H_0.L1_3_4 0F Zf l22 2 0 2 5 : KER : 2 9 6 7 0 IIN TEE HIGH c:OOHT OF RERALA HT EENAm7It AM PRESENT RE EH]ro:URABIE rm. ousTlcE A. BADHARrm EEN FRIDAI, THE 4m DHr oF ZLPRIL 2025 / 14TH C:HAITrmA, 1947 RFA IVO. 234 0F 2022 AGAINST duDGnmiT AND DECREE DATED 25.03.2022 IN os No.77 oF 2ol8 oF stn3oRElu HRE 3u DGH=s coo HT, Mall:3ERI APPELld ENT/ DEFENDANT i SIMPENEL n RED 42 ¥Ems S/O V:ARRErr POFTnc KAL HOUSE, Vzrm APURAM. P.0, MAMpan AMsc", NILAMBm TELRE, MALAppu RAM-676542. EX Zxp IVS. v AF¢Gln ESE c. RERIArosE p.Dall BI EMMANUE OOsur p. THOMAs kDan TIA.I RESPONDENT/PLAINTIFF.. F[ENS MORN s/O K.T.ABRArm, pFrop RIETOR, K. p.A. pETEroL;OHM (RELlz ENCE Oqul ET} rNIIAMBm VIELZRE , NII.AIBm BESOM, NILAusm TELOK, MALAPPORAM DISTRICT-679329.
8¥ ADw K.M sAm\z:zENZTmA rmc]RT K.M THls THE '04.04.2025r REGULAR COu FVTFIRET zLpp EAL CIA THE HAVIHG SAME DHr BEEN TEE DEI,IVERED FIINAIIH m EARD FOELC]"ING= CIN REz± NO. _234_OF:iorax2 2 0 2 5 .. RE R : 2 9 6 7 0 A. BADHARun EEN, I RF.A. No. 234 of 2022 Dated 04th dry of April, 2025
JUDGMENT
This regular first appeal has been filed under Section 96 read with Order XLI Rule 1 of .the Code of Civil Procedure,1908, challenging the decree and judgment dated 25.03.2022 in O.S. No. 77 of 2018 on the files of the Subordinate Judge's Court, Manjeri.
2. In this matter, parties referred to mediation. The parties,
viz appellant and respondent, have jointly signed mediation agreement submitted by the mediator, thereby matter has been settled and the memorandum of agreement under Section 89 of the Code of Civil Procedure r/W Rules 24 & 25 of the Civil REEL NO. 234_ _OF_2_022 2 0 2 5 : KER = 2 9 67 0 Procedure (Altermtive Dispute Resolution) Rules 2008 dated 28.03.202S, .has been prodrced. The same appears to be legal and acceptable.
3. In view of the settlement, the decree and judgment of the trial court stand reversed, and the appeal is allowed in terms of the settlement. The memorandum of settlement shall form part of the first appellate decree.
4. All interlocutory applications pending in this regular first
appeal stand dismissed. Registry is directed to refund the admissible court fee paid in this appeal to the appellant, as per law. Sd/- A. BArmAREFtt=Eli unc HE EN EriMti KU Lrind M-EBIATi®'fu. CENTRE .-' . `tHiericqu RTHALL! • - `1' ==f===af:g==:::I:f!::I::'::'=-:':?::::==== `' .,' •Th.eM¢dal,Officer, ' . ..{. H.igh..Court Mediation ..". centre.. ...` . •,* The R@gi:strar Uudi€.ia!} ,-.. Higncquttof.Kerala;ErnatoI@m, . . `.. .` . .- Sir'. .., Sub : "edi3froq .Of caie` reifenea by the~.Hdn.b!e.H!\Sh Co.urt. of Kisrala -
;:f:mai arderin:.... fe#t#,:..dig::.fRt3..*../,fty.2.i...... „„. . dated " . .I .Of the Hori6rable High Court of ifefala ` ` .....,. +. `, , . *--I,I* . • I am to` forward herewith B€po* Pf the M@djator ln. tha in-qtter along • vijtn th¥` 6ri£!osure§ for .intorma.tipb 8hd nEee§sary actl¢ri. . •` , . Offical Einakng!ain Mediactdn. Centre L~. .'.~ End:-i. Rep®rfe. Of th± mediator. §irtyeinent.Aaperfeeut •.`i.i:g;;:::#:F€REg EL:::°iderdatedu„iT.."n"ftheHighcouriofKeraia.. BEFORE THE HONOURABLE H[GH COURT OF KERALA AT ERNAKut.AM R.F.A.No.234 of 2022 Simpaul Appellant Vs Runs Mom Respondent REPORT SUBMl.FTED BY THE MEDIATOR Mediated, matter is settled. Terms and conditions are attached herewith. Dated thjs the 28th day of March, 2025. --_-,:--I--- Adv. P.T.lose Mediator High Court Mediation Centre EFORE THE HON }URABLE HIGH COURT 0F KERALA AT ERNAKULAn4 RF.A.No.234/2022 SimpauL Appellant Vs Runs Man Respondent MEMORANDUM OF AGREEMENT UNI)ER SECTION 89 0F THE CODE OF CIVIL PROCEDURE R/W RULE 24 AND 25 0F THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION) RULES, 2008.
1. The appellant and respondent who are respectively defendant and plaintiff in O.S.No.77/2018 on the files of Sub Court, Manjeri have agreed to settle the matter amicably.
2. The appellant is paying an amount of Rs.39 lakhs to the respondent in full and final setdement Of the entire claim that the plaintiff is having in O.S.No.77Q018 on the files Of Sub Court, Manjeri.
3. The payment refeITed to in clause No.2 is being effected through DD No.2791296 dated
27.03.2025 drawn on Federal Bank Limited, Nilambur Branch. On encashment of the above DD by the respondenvplaintiff, the entire claim in O.S.No.77rao18 stand discharged from the end of the appellant.
4. The entire proceedings in E.P.No.26/2022 on the files of sub courty Manjeri will have to
be closed which is the Execution Petition is filed by the decree holder/respondent to execute the decree in O.S.No.77rao18 and full satisfaction has to be recorded in the E.P. Appel\ant ` -- Respondent SIMPAUL RUNS MON (2')
5. Attachments made in respect of the various properties including movable and immovable
will have to be lifted by filing appropriate application in the original side in O.S.No.77/2018 as well as on the execution side whichever is applicable. The applications will have to be moved by the judgment debtor and the decree holder has to specifically give instructions to give consent for ffifing the attachment throuth his counsel appearing be'fore the trial court and execution court when such applications are moved by the appellant/defendant/judgment debtor.
6. The lifting of the attachment has to be communicated to the concerned sub Registry and Village Office and other offices if necessary.
7. Since the matter is b;§pgcompromisedthrough the mediation process the entire court fee paid by the appellant in #fJq.No.234/2022 may be ordered to be refunded to the appellant.
8. Likewise if legally possible the entire court fee paid by the respondent/plaintiff in O.S.No.77/2018 on the trial side may be ordered to be refunded to the plaintiff.
9. The parties hereby agree to su'ffer their respective costs in the matter.
10. There is a criminal case instituted based on a complaint given by the respondent/appellant
before the Nilambur Police Station pursuant to which Crime No.375/2018 was registered by the Nilambur Police. In the said case final report was filed by the Nilambur Police before JFCM, Nilambur. The said court has taken cognizance of the ffnal` report as C.C.Nb. 611.#0'19 and the same is pending trial. The respondent has agreed to give affidavit for quashing the said
proceedings, which is attested by his counsel. The proceedings for quashing the same has to be initiated by the appellant. Respondent :p±lAanied RUNS MON (3)
11. The respondent agree to engage lawyer for the quashing proceedings mentioned in clause 10 and will ensure the presence of the lawyer on all postings.
12. ]`f necessary the respondent wifl appear be`fore Station House Officer, Nilambur Police Station and give statement agreeing for quashing the proceedings, specifically ,stating that he has No Objection in quashing the proceedings.
¥the28thdayo"arch,2025. AppELLAr`\rr RE spo NDENT RUNS MON VARGHESE.I.KURIAKOSE, MENON COUNSEL FOR THE APPELLANT COUNSEL F HE RESPONDENT This settlement agreement is authenticated by mck-` Adv.P.T.lose(Mediator)