Thomas Joseph vs M/S.Original St. George Kuries (Regd),

Type Court Judgment Court Kerala Decided Oct 06, 2022

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https://sooperkanoon.com/case/1539911

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Citation: sooperkanoon.com/1539911
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Shoba Annamma Eapen
Decided On: Oct 06, 2022
Case Number: FAO/78/2021

Parties & Advocates

Appellant / Petitioner

Thomas Joseph

Respondent

M/S.Original St. George Kuries (Regd),

Excerpt

.....1st defendant in the suits has come up with these appeals.3. in appeal, the parties were referred tomediation. in mediation, parties arrived at a settlement. the report of the mediator along with the settlement agreement is on board. in view of the settlement, the plaintiffs in the suit have no objection in setting aside the ex ..6.. parte decrees.4. in view of the above, we set aside thedecrees. we direct the registry to forward the memorandum of settlement to the sub court, alappuzha. the sub court, alappuzha shall record the settlement and decree the suits in accordance with the settlement. parties are directed to appear before the sub court, alappuzha on 26.10.2022. the sub court, alappuzha shall treat the settlement as a mediation settlement and allow court fee refund in accordance with law. these faos are disposed of, accordingly. sd/- a. muhamed mustaque judge sd/- shoba annamma eapen judge bka/- ..7.. appendix of fao 78/2021 petitioner annexures annexure 1 the copy of the order passed by the district court, alappuzha in cma no. 12-2020 ..8.. appendix of fao 79/2021 petitioner annexures annexure 1 the certified copy of the order passed by the district court, alappuzha in cma no. 35/2020 and i.a no. 1/2020 dated 16-12-2020

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 FAO NO. 78 OF 2021 IA 1222/2014 IN OS 168/2010 OF SUB COURT, ALAPPUZHA APPELLANT/PETITIONER/1ST DEFENDANT: THOMAS JOSEPH, AGED 41 YEARS S/O.L.JOSEPH, PUSHPA MANDIRAM, CANTONMENT SOUTH, KOLLAM-691001. BY ADV C.J.VARGHESE VINU RESPONDENTS/RESPONDENTS/PLAINTIFFS & 2ND DEFENDANT & ADDL. DEFENDANTS 4 TO 6: 1 M/S.ORIGINAL ST. GEORGE KURIES (REGD), REGISTERED OFFICE 416, DHAKKI HAZAMA JAMMU TAWI, KASHMIR REPRESENTED BY ITS PARTNER LISSY GEORGE, AGED 78 YEARS, W/O.CHERIYAN GEORGE, KAVILA VEEDU, PACHAI, CHEKKIDIKKADU P.O, EDATHUA, ALAPPUZHA, PIN-689573.
2 LISSY GEORGE, M/S.ORIGINAL ST.GEORGE KURIES (REGD), W/O.CHERIYAN GEORGE, KAVILA VEEDU, PACHAI, CHEKKIDIKKADU P.O, EDATHUA, ALAPPUZHA, PIN-689573. 3 THOMAS GEORGE, AGED 51 YEARS, PARTNER, S/O.CHERIYAN GEORGE, M/S.ORIGINAL ST.GEORGE KURIES (REGD), KAVILA VEEDU, PACHAI, CHEKKIDIKKADU P.O, EDATHUA, ALAPPUZHA, PIN- 689573. ..2.. 4 ANU SAJI, AGED 51 YEARS, PARTNER, W/O.SAJI GEORGE, M/S.ORIGINAL ST.GEORGE KURIES (REGD), KAVILA VEEDU, PACHAI, CHEKKIDIKKADU P.O, EDATHUA, ALAPPUZHA, PIN-689573.
*5 L.JOSEPH, AGED 70 YEARS S/O.THOMAS LUIS, PUSHAPMANDIRAM, CONDONMENT SOUTH, KOLLAM-691001. (DIED) 6 SOJA MARY, AGED 40 YEARS CHERUMIKKODATHU, PIPELINE ROAD, PALARIVATTAM, KOCHI-682025. 7 PUSHPA BAZIL, AGED 45 YEARS BHAVANA SAMRUDHA NAGAR-5, KARUMALI ROAD, THANKASSERRY, KOLLAM-691007. 8 SHEENA JOSE, AGED 40 YEARS KURISHINKALAPARAMBIL, VAZHAPPALLY P.O., CHANGANACHERY, KOTTAYAM-686101. *IT IS RECORDED THAT R5 IS NO MORE AND THE LEGAL REPRESENTATIVES OF DECEASED R5 ARE ALREADY IN THE PARTY ARRAY AS PER ORDER DATED BY ADVS. E.N.VISHNU NAMBOODIRI M.K.SASEENDRAN (MELEL) NARAYANAN P POTTY THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 06.10.2022 ALONG WITH FAO.79/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 FAO NO. 79 OF 2021 IA 1223/2014 IN OS 172/2010 OF SUB COURT, ALAPPUZHA APPELLANT/PETITIONER/1ST DEFENDANT: THOMAS JOSEPH, AGED 41 YEARS S/O. L. JOSEPH, PUSHPAMANDIRAM, CANTONMENT SOUTH, KOLLAM P.O, KOLLAM 691 001 BY ADV C.J.VARGHESE VINU RESPONDENTS/RESPONDENTS/PLAINTIFFS & 2ND DEFENDANT & ADDL. DEFENDANTS 4 TO 6: 1 M/S. ST. GEORGE ENTERPRISES AND KURIES HEAD OFFICE, JAMMU TAWI, KASHMIR REPRESENTED BY ITS PARTNER SAJI GEORGE RESIDING AT KAVILA VEEDU, PACHAL, CHEKKIDIKKADU P.O, EDATHUA, ALAPPUZHA, PIN 689 573 2 SAJI GEORGE, S/O. CHERIYAN GEORGE, M/S. ST. GEORGE, ENTERPRISES AND KURIES (REGD0 RESIDING AT KAVILA VEEDU, PACHAI, , CHEKKIDIKKADU P.O, EDATHUA, ALAPPUZHA 689 573 3 LISSY GEORGE, AGED 78 YEARS PARTNER, M/S. ORIGINAL ST. GERORGE KURIES (REGD), W/O. CHERIYAN GEORGE, KAVILA VEEDU, PACHAL, CHEKKIDIKKADU P.O, EDATHUA, ALAPPUZHA, PIN 689 573 ..4.. 4 *L.JOSEPH, AGED 70 YEARS S/O. THOMAS LUIS, PUSHAPMANDIRAM, CONDONMENT SOUTH, KOLLAM 691 001. *(DECEASED) 5 SOJA MARY, AGED 42 YEARS CHERUMIKKODATHU, PIPELINE ROAD, PALARIVATTAM, KOCHI 682 025 6 PUSHPA BAZIL, AGED 45 YEARS BHAVANA, SAMRUDHA NAGAR S, KARUMALI ROAD, THANKASSERRY, KOLLAM 691 007 7 SHEENA JOSE, AGED 40 YEARS KURISHINKALAPARAMBIL, VAZHAPPALLY P.O, CHANGANACHERY, KOTTAYAM 686 101.
*(IT IS RECORDED THAT THE 4TH RESPONDENT DIED AND THE LEGAL REPRESENTATIVES OF THE DECEASED 4TH RESPONDENT ARE ALREADY IN THE PARTY ARRAY AS PER ORDER DATED 29.06.2022 IN MEMO DATED 14.06.2022 IN FAO 79/2021) BY ADVS. E.N.VISHNU NAMBOODIRI M.K.SASEENDRAN (MELEL) NARAYANAN P POTTY THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 06.10.2022, ALONG WITH FAO.78/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..5..

JUDGMENT

A. MUHAMED MUSTAQUE, J.

These FAO Nos. 78/2021 & 79/2021 arise from the orders in IA No.1222/2014 in OS No.168/2010 and IA No.1223/2014 in OS No.172/2010 on the files of the Sub Court Alappuzha, respectively.

2. The above IAs were filed by the 1st defendant

in each suit to set aside the ex parte decree after condoning the delay in filing the applications to set aside the ex parte order. These applications have been dismissed. Challenging the same, the 1st defendant in the suits has come up with these appeals.

3. In appeal, the parties were referred to

mediation. In mediation, parties arrived at a settlement. The report of the mediator along with the settlement agreement is on board. In view of the settlement, the plaintiffs in the suit have no objection in setting aside the ex ..6.. parte decrees.

4. In view of the above, we set aside the

decrees. We direct the Registry to forward the memorandum of settlement to the Sub Court, Alappuzha. The Sub Court, Alappuzha shall record the settlement and decree the suits in accordance with the settlement. Parties are directed to appear before the Sub Court, Alappuzha on 26.10.2022. The Sub Court, Alappuzha shall treat the settlement as a mediation settlement and allow court fee refund in accordance with law. These FAOs are disposed of, accordingly. SD/- A. MUHAMED MUSTAQUE JUDGE SD/- SHOBA ANNAMMA EAPEN JUDGE bka/- ..7.. APPENDIX OF FAO 78/2021 PETITIONER ANNEXURES Annexure 1 THE COPY OF THE ORDER PASSED BY THE DISTRICT COURT, ALAPPUZHA IN CMA NO. 12-2020 ..8.. APPENDIX OF FAO 79/2021 PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF THE ORDER PASSED BY THE DISTRICT COURT, ALAPPUZHA IN CMA NO. 35/2020 AND I.A NO. 1/2020 DATED 16-12-2020

Same Court & Year Kerala · 2022 Same Parties Thomas Joseph vs M/S.Original St. George Kuries (Regd), Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...