Joseph vs Sony Joseph,

Type Court Judgment Court Kerala Decided Mar 06, 2020

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https://sooperkanoon.com/case/1818035

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Citation: sooperkanoon.com/1818035
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Mar 06, 2020
Case Number: WP(C)/17263/2008

Parties & Advocates

Appellant / Petitioner

Joseph

Respondent

Sony Joseph,

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice n.nagaresh friday, the 06th day of march 2020 / 16th phalguna, 1941 wp(c).no.17263 of 2008(e) against the order in os 641/1966 of principal munsiff court, cherthala petitioners: 1 joseph,(legal heir) s/o.ouseph, kottoor, cherthala, kizhakku muri.2. mariamma, cherthala p.o, cherthala taluk.3. thankachen,4. kunjumol k.j,5. prince k.j,6. mini joseph,7. roy joseph,8. ruby joseph,(addl.petitioners 2 to 8 are impleaded as per orderdated 24/10/2018 in ia.13738/2018) by advs. sri.p.r.venkatesh wp(c).no.17263/2008(e) 2 sri.p.c.chacko(parathanam) respondents: 1 sony joseph, 2 tomy joseph, r1 by adv. sri.p.s.george r1 by adv. sri.roy chacko this writ petition (civil) having been finally heard on 06.03.2020, the court on the same day delivered the following: wp(c).no.17263/2008(e) 3judgmentdated this the 6th day of march, 2020the disputes involved in the writ petition were subject to mediation. the mediator submitted a report on 28.02.2019, stating that the dispute stands settled. a copy of the memorandum of agreement under section 89 of the code of civil procedure read with rules 24 and 25 of the civil procedure (alternative dispute resolution) rules, 2008 dated 28.02.2019, has also been produced.in the circumstances, the writ petition is disposed of recording the memorandum of agreement dated 28.02.2019, entered into between the petitioners 2 and 3 and the respondents 1 and 2. the memorandum of agreement shall form part of thisjudgment.sd/- n. nagaresh judge sr wp(c).no.17263/2008(e) 4 appendix petitioner's exhibits: exhibit p1 true copy of the report and the plan prepared by a retired taluk surveyor dated exhibit p2 true copy of the objections dated ext.p1. exhibit p3 true copy of the order passed on the execution petition on 29/02/2008 in ep sr //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941 WP(C).No.17263 OF 2008(E) AGAINST THE ORDER IN OS 641/1966 OF PRINCIPAL MUNSIFF COURT, CHERTHALA PETITIONERS: 1 JOSEPH,(LEGAL HEIR) S/o.OUSEPH, KOTTOOR, CHERTHALA, KIZHAKKU MURI.

2. MARIAMMA, CHERTHALA P.O, CHERTHALA TALUK.

3. THANKACHEN,

4. KUNJUMOL K.J,

5. PRINCE K.J,

6. MINI JOSEPH,

7. ROY JOSEPH,

8. RUBY JOSEPH,

(ADDL.PETITIONERS 2 TO 8 ARE IMPLEADED AS PER ORDER

DATED 24/10/2018 IN IA.13738/2018) BY ADVS. SRI.P.R.VENKATESH WP(C).No.17263/2008(E) 2 SRI.P.C.CHACKO(PARATHANAM) RESPONDENTS: 1 SONY JOSEPH, 2 TOMY JOSEPH, R1 BY ADV. SRI.P.S.GEORGE R1 BY ADV. SRI.ROY CHACKO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17263/2008(E) 3

JUDGMENT

Dated this the 6th day of March, 2020

The disputes involved in the writ petition were subject to mediation. The Mediator submitted a report on 28.02.2019, stating that the dispute stands settled. A copy of the Memorandum of Agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Civil Procedure (Alternative Dispute Resolution) Rules, 2008 dated 28.02.2019, has also been produced.

In the circumstances, the writ petition is disposed of recording the Memorandum of Agreement dated 28.02.2019, entered into between the petitioners 2 and 3 and the respondents 1 and 2. The Memorandum of Agreement shall form part of this

judgment.

Sd/- N. NAGARESH JUDGE SR WP(C).No.17263/2008(E) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE REPORT AND THE PLAN PREPARED BY A RETIRED TALUK SURVEYOR DATED EXHIBIT P2 TRUE COPY OF THE OBJECTIONS DATED EXT.P1. EXHIBIT P3 TRUE COPY OF THE ORDER PASSED ON THE EXECUTION PETITION ON 29/02/2008 IN EP SR //True Copy// PA to Judge

Same Court & Year Kerala · 2020 Same Parties Joseph vs Sony Joseph, Same Judge Honourable Mr.Justice N.Nagaresh