Full Judgment
IN "E HIGH COLJRT 0F KERALA AT ERNAl(ULAM PRESENT THE HONOu RABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 2®" DAIY 0F JA"u ARY 2®23 / 3®TH P0u SHA, 1944 a_EA_ NO. 498 0F 2Q±q AGAINST THE JUDGMENT AND DECREE DATED ®5.01.2017 IN 0S 167/2®10 0F SuB COURT, NEYYATTINKARA AppELLANTr3RD DEFENDANT}.;_ BENSON THOMAS, AGED 34 YEARS, S/0. LATE THOMAS BROOM, BARBARA NIVAS, KARUMKULAM P.0., KARUMKULAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANAl\l THAPURAM DISTRICT-695 526 BY ADVS. V . G . ARUN SMT.V.JAYA RAGI SMT. INDULEKHA JOSEPH SRI. NEERAJ l\IARAYAN BEsrml_DENTtpL.AINTIFF;DEFEMDAHTs 1. 2 ARID 4±i
1 THOMAS EUCINE, AGED 65 YEARS, S/O. THOMAS, VRIDAVAN, KOTTAMPALLY ROAD, RATTARADA P.0. , KULATHUMMAL VILLAGE, NEYYATTINRARA, THIRUVANANTHAPURAM DISTRICT-695572 2 LOURD MARY, AGED 66 YEARS, D/0.MUTHAMMAL, BARBARA NIVAS, KARUMKULAM P.O. , RARUMKULAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT (DIED AFTER THE DECREE)-695 526 TEENA BELLA BARBARA, AGED 37 YEARS, D/O. L0u RD MARY, BARBARA NIVAS, KARUMKULAM P.O. , KARUMKULAM VILLAGE, NEYYATTINRARA TALUK, THIRUVANANTHAPURAM DISTRICT-695 526 BERIN THOMAS,AGED 32 YEARS, S/O. LATE THOMAS BROOM, BARBARA NIVAS, KARUMKULAM P.O., KARUMKULAM VILLAGE, NEYYATTINKARA TALUK, THIROvAun\rTi+Apu RAM DlsTRlcT-695 526 RI BY ADVS. SRI.T.C.SURESH MENON SRI . P . S . APPU R3 AND R4 BY ADV. SARATIJ SUKUMARAN
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING 0N 20.®1.2®23, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RFA NO. 498 0F 2®19
JUDGMENT
The matter has been settled in mediation. The mediation report is received. Hence, the appeal is disposed of in terms of the compromise arrived at by
the parties and it will form part of the judgment
and decree. Refund the entire court fee under Section 69A of the Kerala Court Fees and Suits Valuation Act to the appellant. Sd/. P . SOMARAJAN JUDGE msp The Nodal Officer, High Court Mediation Centre. TO The Registrar Uudicial) High Court of Kerala, Ernakulam Sir' Sub : Mediation of case referred by the Hon'ble High Court of Kerala - reg. Ref.g::::ra.'„:#i:.\:)I.:..,......'§f:t:.:.A.6.h£;qj:'Hig°h'cq;i.it";f.K.eL.;.I; +(,y I am to forward herewith Report of the Mediator in the matter along wj:3Stheenclosuresforinformationandnecessaryaction, Yours Faithfully, EIEE[ .i:`' |w) ()irf r``rfFir¥irp -, Nodal Officer, v// Encl:-1. Report Of the Mediator, Settleme reement
2. Copy of the referral order dated .fo:I.t''.}.L. of the High Court of Kerala„
3. Copy of the Petition
BEFORE THE HONOURABLE HIGH COUIIT OF KEIIALA AT ERNAI(ULAM R.F.A. No.498/2019 Benson Thomas Appellant Vs. Thomas Eugine and others Respondents Elipo RT Su BMITTED BY MEDIATOR ADV. S. K.BALACHANDRAu Mediated and the matter is settled. The memorandum of settlement is enclosed herewith. Dated this the 12th day of January, 2023. }x/ e
r Adv. S.K. Balachandran Mediator BEFORE THE HONOURABLE HIGH COURT OF Icel IALA AT ERNAKULAM R.F.A, NO.498raoi9 Benson Thomas Appellant Vs. Thomas Eugine and others Respondents 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: The 2nd Respondent in the above case is no more. In view of the settlement arrived at, both parties agree that the Respondents 3 & 4 are not necessary parties to this Settlement Agreement.
The Appellant agrees to pay a lump sum amount of Rs.18,00,000/- (Rupees Eighteen Lakhs only) to the lst Respondent towards the full and final settlement of the disputes in the above case. Out of the said amount of Rs.18 Lakhs, Rs.10 Lakhs will be paid within four months from today and the balance amount of Rs.8 Lakhs will be paid within eight months from today.
The lst Respondent is agreeable for the said proposal.
3. If the Appellant fails to pay the amounts mentioned above within the
agreed period the decree of the trial Court shall stand revived and the decree holder/plaintiff shall be entitled to execute the decree of the trial Court after the agreed period. ±-tos.ct j;3iL..1` ``-'.` .I..`,i€en€re `u...l 'I .... ) -2-
4. The Appellant agrees to deposit the amounts as stated above in the Bank Account of the lst Respondent i.e., Account Number 853310110002362, l FSC BKID0008533 in the Bank of India, Kattakkada Branch.
5. Both parties agree to keep the execution of the decree pending till the full satisfaction of the terms of above settlement.
6. Both parties agree that the above First Appeal be decreed in terms of the above settlement.
7. The Court Fee paid in the above case may be ordered to be refunded
to the Appellant. Dated this the 12th day of January, 2023. Appellant |st Responden Benson Thomas Thomas EugineI,',, I +#atrEifpgtftankfp2/9¢¢€ Counsel for the Counsel for the lst F`esbbndent !{`£3.:.3'.'`-. r..- `-~^`rt~:-:.: '.rnc9ntr@ ).