Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945 AGAINST THE ORDER DATED 16.10.2012 IN E.A No.30/2010 IN EP NO.67/2008 IN OS 195/1993 OF SUB COURT, PALAKKAD APPELLANTS/CLAIM PETITIONERS: 1 RAJEEV ANAND (DIED)* AGED 60 YEARS,S/O. LATE ANANDAN, YAKKARA,PALAKKAD. 2 MADHU ANAND, SO.LATE ANANDAN, AGED 57 YEARS, -DO- -DO- *ADDL. BEENA M.N., APPELLANTS W/O.LATE RAJEEV ANAND, AGED 59 YEARS, 'ANAND', WEST
3 YAKKARA ROAD, PALAKKAD - 678 014. 4 SACHIN RAJEEV M.P., S/O.LATE RAJEEV ANAND, AGED 35 YEARS, 'ANAND', WEST YAKKARA ROAD, PALAKKAD - 678 014. 5 SARITHA RAJEEV, D/O.LATE RAJEEV ANAND, AGED 29 YEARS, 'ANAND', WEST YAKKARA ROAD, PALAKKAD - 678014. LEGAL REPRESENTATIVES OF DECEASED 1ST APPELLANT ARE IMPLEADED AS PER ORDER DATED 18/08/2015 IN IA 2894/2015 IN EX FA. 06/2013 AS ADDITIONAL APPELLANTS 3 TO 5. BY ADVS. P.K.SURESH KUMAR (SR.) K.P.SUDHEER SANTHEEP ANKARATH RESPONDENTS/RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 4: 1 M/S KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD, KELTRON HOUSE, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 033, REPRESENTED BY ITS MANAGING PARTNER. 2 JAYAKRISHNAN ANAND, PARTNER, ANAND DEPARTMENTS CBA BUILDING, OPP.APSARA THEATRE, KOZHIKODE 673001 -2- 3 MANJU (TANUJA) WO.LATE VINU ANAND, ANAND, WEST YAKKARA,PALAKKAD - 678 001 4 ANANDAN SO.LATE VINU ANAND -DO- -DO- 5 AMRITHA ,D/O.LATE VINU ANAND, ANAND, WEST YAKKARA PALAKKAD NO.3-5, NOW RESIDING AT SBI COLONY, RAMANATHAPURAM, PALAKKAD - 678001. BY ADVS. SRI.S.M.UNNIKRISHNAN SMT.M.A.ZOHRA THIS EXECUTION FIRST APPEAL HAVING COME UP FOR FINAL HEARING ON 12.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-
JUDGMENT
(Dated this the 12th day of October 2023)
The parties were referred for mediation as per the order
dated 05.07.2023. The mediator has informed through the report that the matter has been settled, and the memorandum of agreement under Section 89 of the CPC, read with Rules 24 and 25 of the Civil Procedure (Alternative Dispute Resolution), Rules 2008, is also attached. The appellant, the respondents, and their respective counsel have signed the agreement. I have gone through the compromise, and the terms are not illegal and opposed to public policy.
2. As per the agreement, the decree-holder in E.A
No.30/2010 has agreed to settle the dispute involved by payment of Rs.25,44,273/- (Rupees Twenty five lakhs forty four thousand two hundred and seventy three only) towards the full and final -4- settlement of all the dues payable to the decree holder, KELTRON within 4 months from the date of agreement i.e. (within 04.02.2024). Therefore, Ex.FA is disposed of recording the settlement agreement between the parties. The settlement agreement shall form part of the judgment. Sd/- BASANT BALAJI JUDGE JS ·• •
ERNAKULAM M·_EDIATIO N· C NTRE • . (1-:fl GH CQURT HALL) • I .(2nd • floor, c19ove_BI..High Co rt BuildI . Em k:Ulam,' Ko.chl-3L(P :0484-256.2238) From The N·odal Officer, High . Court Mediation C ntre.· • To The Regi_strar Uudidal}. • • High Co1..trt f Kera.la; Errakulam. Sir, • • Su : M dlati.ol) .of case r err d by • :· reg.. • • .• . f . ·_ •. • t) • tA·, 013- .. · .. Ho?'b!e High Co·urt of Kerala - . : • . · . Ref. Referral Orper,,n...$ ........,....................... ...... ................ • • -dated ..f,7./. :J:..: of the onorable High Court ·of Kertda . ' •• }/: ·-•-•:a••-- 't'\J/' 1 1 am to· forward herewith R port of the Mediator in· the m tter along • w, . e e·n.c,, osures• f or r• nf qrmat·l(?n a n d 'th th· - ' n "e ' sary c t· ion.. . Yours Faithful!y, Nodal Officer, • .• Ernakulam Mediation Centre . . .. ./ : . Encl:- 1. Report of the Me<;ii.ator, S.ettlement. g,::eement . •• 2. opy of t_he referral order dated a.f.pr.n '?-.'.$of the High Court of Kerala.. ·3. Copy of the Petition.. • I •., • ) j BEFORE THE HONOURABLE HIGH COURT OF KERALAAT ERNAKULAM Ex. RA. No. 6 of 2013 Rajeev Anand (Died) & Others Appellants
Vs. Mis. Kerala State Electronics Development Corporation Ltd (Keltron) & Others. Respondents REPORT SUBMITIED BY THE MEDIATOR SRI.ANTONY .P.S. Mediated. The matter is settled. ft Settlement Agreement is attached herewith. Dated this the 4th day of August, 202 Sri.Antony P.S. Mediator Emakulam Mediation Centre BEFORE TIIE HONOURABLE HIGH COURT OF KERALAAT ERNAKULAM Ex. F.A. No. 6 of 2013 Rajeev Anand (Died) & Others Appellants Vs. Mis. Kerala State Electronics Development Corporation Ltd (Keltron) & Others. Respondents
MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF TIIE CODE OF CIVIL PROCEDURE READ WITII RULES 24 & 25 OF TIIE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:
The real parties to the above dispute being the Appellants/Claim Petitioners and Respondents 2 to 5 as Judgment Debtors on the one side and the 1st Respondent M/s. Kerala State Electronics Development Corporation Ltd (Keltron, the Decree Holder), they agree to settle their dispute on the following terms and conditions:-
1. It is agreed by both parties that the above appeal arises from the attachment of the property
belonging to the defendants in the Suit O.S No.195/1993 to the extent of their share in their mother's property and the same being purchased by the claimants contending without knowing about it hence their claim by way of E.A No.30/2010 in E.P No.67/2008 filed by the 1 st respondent, KELTRON to realise the decree amount allowed in their favour in O.S No.195/1993 on the files of the Sub Court, Pa1akkad. The said E.A No.30/2010 was dismissed and hence the above Execution First Appeal is preferred by the claimants/Appellants.
2. The parties being claimants and 1st Respondent, the Decree holder in E.A.30/2010 have
agreed to settle the dispute involved by payment of Rs.25,44,273/- (Rupees Twenty five lakhs forty four thousand two hundred and seventy three only) towards full and final settlement of all dues payable to the Decree holder KELTRON within a period of 4 months from today i.e., which is processed by KELTRON for administrative sanction.
3. It is agreed by both parties that once payment is affected, the attachment prevailing over the
decree/plaint schedule property in OS.No.195/1993 on the files of the Sub Court, Palakkad can be lifted forthwith and that the 1 st respondent's entire claims stands realised in view of the payment as per this settl ment. It is also agreed that in case of default, the Appellant looses their right ljco ause of t eement and E.P No.67/2008 in ,. u· rD . .o c r- e _A;; ::,- ,;,, \?>\ \,\
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r.. \ -:II 12.e &--ci _ \ e. X\ 0 , €J'o'2- c "\1><::; '(\'Qi oti.' 'f f -f-0 : ,:.'..:"':2.---:- (2) OS No.195/1993 on the files of the Sub Court, Palakkad can be proceeded with by KELTRON, the 1"1 respondent for realisation of full decreetal amount with 12% interest per annum and costs incurred there on without further objections raised by the parties to the appeal. Hence it is humbly prayed that this Hon'ble Court may be pleased to record this settlement agreement and dispose of the above Execution First Appeal in terms of this agreement in the interest of justice. Dated this the 4th day of October, 2023. Appellants 2-5 & 1st R. 'll...,.,u,d'ent(KEL1RON), Respondents 2 to 5 Authorised Signatory, Mr. Prabheed.K.R. • er) l.Madhu Anand JL((.YQ...QQ cf½
2. Beena M.N. Co � -:!_
3. Sachin Rajeev /
4. Saritha Rajeev /'h L - .J .,,
5. Jayakrishnan Anan , ..
6. Manju (Tanuja) g2_-.
7. Anandan A::J,..- 8.Amritha lJ2- .. w \.t\(\ \ \ , kv'\ Standing Counsel for Respondent No.l