Aasarivalapil Faizal v Puthukkudi Meethal Balan Adiyodi and Others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. Somarajan
Judgment Date: 2021-12-09
Court Decision / Holding: The High Court accepted the compromise reached between the parties under Order XXIII Rule 3 CPC, recorded the terms in the decree, and disposed of FAO (RO) No. 37 of 2019 accordingly. The compromise is made part of the judgment and decree, and court fees paid by the appellant are to be refunded in light of the settled legal position cited from Apex Court guidance.
Final Disposition: Disposed of by acceptance of a settlement and decree to reflect the terms of the compromise; FAO (RO) disposed accordingly; parties’ settlement integrated into judgment and decree; court to refund court fees as per Apex Court guidance.

Parties to the Case

Appellants / Petitioners

Aasarivalapil Faizal

Respondents

Puthukkudi Meethal Balan Adiyodi and others

Legal Representation & Advocates

Counsels for Petitioners

• V. SurenDRAN
• P. A. Harish

Counsels for Respondents

• R. Parthasarathy
• Seema

Case Synopsis & Summary

This First Appeal From Order (RO) concerns a long-running property dispute over plots K, K1 and H in Ext Cl and C2 plans in Koilandy Village, Kozhikode. The appellant, Aasarivalapil Faizal, sought delivery of plots K and K1 (Ext Cl) and plot H (C2) as per the final decree in O.S. 960/1951 and E.P. 30/2007. The respondent contended exclusive rights over plots K and K1, challenging the delivery. The Munsiff dismissed EA 140/2008; on revision, the Sub Court (Koyilandi) allowed the appeal by remanding to decide tenancy issues raised by the respondent. In the wake of protracted litigation, the parties, with mediators and well-wishers, entered into a settlement on terms to resolve all disputes. Key terms include: (i) the appellant relinquishes his claim over Plot K; (ii) a pathway from Plot K’s SE corner to K1(a) will remain for entry to K1; (iii) the appellant may take delivery of plots K1, K1(a) and H as per the attached plan, with the respondent not obstructing; (iv) the respondent waives any claim over K1(a) and the SE corner of Plot K and over Plot H; (v) the compromise plan becomes part of the decree. The High Court accepted the compromise, disposed of FAO (RO) 37/2019, and directed the decree to incorporate the settlement; court fee refunds were directed per Apex Court guidance.

Provisions of Law Cited

Order XXIII Rule 3 CPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant/applicant contended for final delivery of plots K1 and H consistent with the final decree and sought to sustain access to K1(a) via a retained pathway, while asserting that Plot K should be relinquished to resolve the dispute and avoid further litigation. They emphasized that settlement via mediation would prevent protracted litigation and finalize possession as per the agreed plan.

Contentions of Respondents

The respondent contended for exclusive rights over plots K and K1 and challenged delivery under the final decree. He sought resolution of tenancy and possession disputes through remand and contested the proposed compromise if it affected his claimed rights. The respondents agreed to mediation to settle the dispute and eventually consented to terms ensuring delivery to the appellant of K1 and H while relinquishing claims over K and K1(a).

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Registrar General v. M.C.	Not specified in document	Mentioned Only	Cited as part of a general legal position regarding refunds or settlement, but the document provides no analysis of its ratio or holdings.
Subramaniam and Others	KHC 62 of 2021; ILR 2021 (1) Ker. 956; KLT SN 25 of 2021; SCC 560	Mentioned Only	Listed in the judgment’s collateral references; no detailed discussion of its holdings is provided in the excerpt.

Extracted Judgment Text

Exact text extracted from official judgment records.

## IN TIIE I+IGH COURT 0F KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN "URSDAY, THE 9" DAY 0F DECEMBER 2021 / 18" AGRAI+AYAMA, 1943 AGAINST THE ORDER/JUDGMENT IN AS 3®/2®16 0F SUB COURT, QUILANDYE4Q- EA.140/2008 IN EP.30/2007 IN 0S 960/19510F MUNSIFF COURT, PAYYOLI LDE)I:I I JLLl+/T^---______ EELEA : AA§ARIVA±APPIL FAISAL AGED 48 YEARS - S/0, KOYOTTI, MELADI AMSOM DESOM, KOYILANDY, KOZHIKODE BY ADVS. - V , V . SURENDRAN SRI , P . A . HARISH - gL+±g.JEz=±a.qu±.EEi±rmEL=:::::::::::::::::::=±:::::::== - ELH ## 1 PUTHUKKUDI MEETHAL BALAN ADIYODI - AGED 70 YEARS - S/0, KUNHI AMMA, RESIDING AT THAYULLATHIL HOUSE, KOZHUKKALLUR AMSOM DESOM, KOYILANDY POST KOZHUKKALLUR, (VIA) MEPAYUR, KOZHIKODE 673 524 ## CHAMBATTIL PREMAN NAIR, (DELETED) - S/0. BALACHANDRAN KIDAV, MELADY AMSOM, KIZHUR DESOM, KOYILANDY TALUK, P.0 MELADY, KOZHIKODE 673 522. RESPONDENTS NO,2 TO 44 ARE DELETED FROM THE PARTY ARRAY AT THE RISK 0F THE APPELLANT AS PER THE ORDER DATED 11/11/2019 . ## THAYYULLATHIL EANDROTH PADMANABHAN KIDAV, (DELETED) - S/0. PARVATHY AMMA, KOZHUKKALLUR AMSOM DESOM, KOYILANDY TALUK, POST KOZHUKKALLUR, (VIA) MEPAYUR, KOZHIKODE 673 524 ## THAYYULLATHIL APPUNNI KIDAVU, (DELETED) - S/0. PARVATHY AMMA, KOZHUKKALLUR AMSOM DESOM, KOYILANDY TALUK, POST KOZHUKKALLUR, (VIA) MEPAYUR, KOZHIKODE 673 524 FAO (RO) NO. 37 0F 2019 THAYYULLATHIL SAROJINI AMMA, (DELETED) - D/0. PARVATHY AMMA, KOZHUKKALLUR AMSOM DESOM, KOYILANDY TALUK, POST KOZHUKKALLUR, (VIA) MEPAYUR, KOZHIKODE 673 524 ENDROTH BHASKARAN NAIR, (DELETED) - KOZHUKKALLUR AMSOM DESOM, KOYILANDY TALUK, POST KOZHUKKALLUR, (VIA) MEPAYUR, KOZHIKODE 673 524 - PARAKK00L RARICHAN, (DELETED) - S/0. KELAPPAN, VILAYATTU AMSOM, ELAMBILAD DESOM, KOYILANDY TALUK, KOZHIKODE 673 305 - MEYANA ABDURAHIMAN, (DELETED) - S/0. M0IDEEN, MELADI AMSOM DESOM, KOYILANDY TALUK, POST MELADY, KOZHIKODE 673 522 - T.U MADHAVI AMMA, (DELETED) - D/0. JANAKI AMMA, KUNNATHKANDY HOSUE, KAYANNA AMSOM DESOM, KOYILANDY, KOZHIKODE 673 526 - 10 CHERUVALATH KARTHIYAYINI AMMA, (DELETED) D/0. KUNHIRAMAN KIDAV, KADIYANGAD AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE 673 305 - 11 EDATHUM VELIKKAKATH GIRIJA AMMA, (DELETED) D/0. KUNHIRAMAN KIDAVU, MUTHUVANNACHA AMSOM DESOM, KOYILANDY, KOZHIKODE 673 305 - 12 EDATHU VELIKKAKATH ARAVINDAN, I DELETED) S/0. KUNHIRAMAN KIDAVU, S/0. KUNHIRAMAN KIDAVU, MUTHUVANNACHA AMSOM DESOM, KOYILANDY, KOZHIKODE 673 305 - 13 EDATHIIUM VELIKKAKATH GEETHA, (DELETED) D/0. KUNHIRAMAN KIDAVU, MUTHUVANNACHA AMSOM DESOM, KOYILANDY, KOZHIKODE 673 305 - 14 VENGALOTTU PRABHAKARAN NAIR, (DELETED) S/0, ACHUTHAN KIDAV, KARIVANNUR AMSOM DESOM, KOYILANDY, KOZHIKODE 673 305 FAO (RO) NO. 37 0F 2019 - 15 PALAKKUNI M00SA, (DELETED) KOZHUKALLUR AMSOM DESOM, KOYILANDY, POST KOZHUKKALLUR, (VIA) MEPAYUR, KOZHIKODE 673 524 - 16 THAYYULLATHIL SUJATHA, (DELETED) - D/0. DAMODARAN KIDAV, KOZHUKALLUR AMSOM DESOM, KOYILANDY, POST KOZHUKKALLUR, (VIA) MEPAYUR, KOZHIKODE 673 524 - 17 THAYYULLATHIL VILASINI, (DELETED) - D/0. DAMODARAN KIDAVIJ, KOZHUKALLUR AMSOM DESOM, KOYILANDY, POST KOZHUKKALLUR, (VIA) MEPAYUR, KOZHIKODE 673 524 - 18 KAITHERI CHALIL KUNHAMMED, (DELETED) S/0. PAKRAN, VILAYATTU AMSOM DESOM, VATAKARA TALUK, KOZHIKODE 673 101 19 KITHERI CHALIL POCKER, (DELETED) - S/0. PAKRAN, KOZHUKALLUR AMSOM DESOM, KOYILANDY, POST KOZHUKKALLUR, (VIA) MEPAYUR, KOZHIKODE 673 524 - 20 NADUVILAKANDY VISWAN, (DELETED) S/0.S REEDHARAN NAIR, ULLIYERI AMSOM DESOM, KOZHIKODE 673 323 - 21 BALAKRISHNAN NAIR, (DELETED) - S/0. MEENAKSHI AMMA, PREETHI NIVAS, KO0THALI VILLAGE , P,0 K00THALI, KOYILANDY, KOZHIKODE 673 532 - 22 VENGILOTTU PRABHAKARAN NAIR, (DELETED) S/0. MEENAKSHI AMMA, KARUVANNUR VILLAGE, KARUVANNUR POST, KOYILANDY KOZHIKODE 673 614 - 23 DR.C. M0IDEENKUTTY, (DELETED) RESIDING AT SAS HOUSE, 51/3242, VKS ROAD, KOZHIKODE 673 001 - 24 K.C SAIFUNNEESA, (DELETED) - AGED 39 YEARS - D/0. MOIDEENKUTTY, RESIDING AT SAS HOUSE, FAO (RO) NO. 37 0F 2019 51/3242, VKS ROAD, KOZHIKODE 673 001 - 25 K.C SALEEL, (DELETED) AGED 37 YEARS - S/0. M0IDEENKUTTY, RESIDING AT SAS HOUSE, 51/3242, VKS ROAD, KOZHIKODE 673 001 - 26 K.C SADIQUE, (DELETED) AGED 35 YEARS - S/0. M0IDEENKUTTY, RESIDING AT SAS HOUSE, 51/3242, VKS ROAD, KOZHIKODE 673 001 - 27 N.R VISWANATHAN NAIR, (DELETED) AGED 67 YEARS - S/0, SREEDllARAN NAIR, RESIDING AT ARATHI HOUSE, ULLIYERI AMSOM DESOM, P.0 KUNNATHARA, KOYILANDY KOZHIKODE 673 327 - 28 N.K HARIDASAN, (DELETED) - AGED 63 YEARS - S/0. SREEDHARAN NAIR, RESIDING AT VINAYAKA HOUSE, ULLIYERI AMSOM DESOM, P.0 ULLIYERI, KOYILANDY 673 323 - 29 LEELA AMMA, (DELETED) AGED 65 YEARS - D/0. SREEDHARAN NAIR, RESIDING AT RAJA VIHAR, ULLIYERI AMSOM, KANNUR DESOM, KOYILANDY 673 323 - 30 RAJESH, (DELETED) AGED 40 YEARS - S/0. SREEDHARAN NAIR, RESIDING AT RAJA VIHAR, ULLIYERI AMSOM, KANNUR DESOM, KOYILANDY 673 323 - 31 MALATHI, (DELETED) AGED 61 YEARS - D/0. KUNHI AMMA, KOZHUKKALLUR AMSOM DESOM, POST KOZHUKKALLUUR (VIA) MEPAYUR, KOZHIKODE 673 524 - 32 BHASKARAN (DELETED) AGED 63 YEARS - RESIDING AT ASARIKANDY, KOZHUKKALLUR AMSOM DESOM, POST KOZHUKKALLUUR (VIA) MEPAYUR, ## FAO (RO) NO. 37 0F 2019 ## KOZHIKODE 673 524 - 33 SURESH, (DELETED) AGED 38 YEARS - S/0. INDIRA, RESIDING AT ASARIKANDY HOUSE, KOZHUKKALLUR AMSOM DESOM, POST KOZHUKKALLUUR - (VIA.) MEPAYUR, KOZHIKODE 673 524 - 34 SUDHEERAN, (DELETED) AGED 36 YEARS - S/0. INDIARA, RESIDING AT ASARIKANDY HOUSE, KOZHUKKALLUR AMSOM DESOM, POST KOZHUKKALLUUR - (VIA) MEPAYUR, KOZHIKODE 673 524 - 35 BINDU, (DELETED) AGED 34 YEARS - D/0. INDIRA, RESIDING AT ASARIKANDY HOUSE, KOZHUKKALLUR AMSOM DESOM, POST KOZHUKKALLUUR - (VIA) MEPAYUR, KOZHIKODE 673 524 - 36 GOPALAKRISHNA NAIR (SHOWN AS GOPALAKRISHNAN NAIR IN EA) (DELETED) - S/0.V ASUDEVAN NAIR, RESIDING AT SAROJA HOUSE, PERUVAYAL AMSOM DESOM, KOZHIKODE 673 024 - 37 SHYLAJA (DELETED) - W/0. RAMACHANDRAN, D/0. VASUDEVAN NAIR, RESIDING AT SAROJA HOUSE, PERUVAYAL AMSOM DESOM, KOZHIKODE 673 024 - 38 PREMA, (DELETED) - W/O. RAJ, RESIDING AT SAROJA HOUSE, PERUVAYAL AMSOM DESOM, KOZHIKODE 673 024 - 39 RADHA AMMA, (DELETED) ## AGED 57 YEARS, W/0. RAJAN NAIR, RESIDING AT MTHIRA HOUSE, MEPPAYUR AMSOM DESOM, KOYILANDY, KOZHIKODE 673 524 ## 40 DHANEESH, (DELETED) AGED 35 YEARS ## S/O. RAJAN NAIR, RESING AT AATHIRA HOUSE, MEPPAYUR AMSOM DESOM, KOYILANDY, ## FAO (RO) NO. 37 0F 2019 ## KOZHIKODE 673 524 41 DHANIYA, (DELETED) D/0. RAJAN NAIR, RESIDING AT AATHIRA HOUSE, MEPPAYUR AMSOM DESOM, KOYILANDY, KOZHIKODE 673 524 - 42 DHANIK, (DELETED) AGED 26 YEARS S/0. RAJAN NAIR, RESIDING AT AATHIRA HOUSE, MEPPAYUR AMSOM DESOM, KOYILANDY, KOZHIKODE 673 524 - 43 USHA, (DELETED) AGED 49 YEARS W/0. BALACHANDRAN NAIR, RESIDING AT KUNNUMMAL HOUSE, THURAY00R AMSOM DESOM, KOYILANDY, KOZHIKODE 673 524 - 44 GIRIJA, (DELETED) - W/0. RAJAN NAIR, RESIDING AT THALEEKUZHIYIL - HOUSE, NANMINDA AMSOM DESOM, KOZHIKODE 673 524 (RESPONDENTS NO. 2 TO 44 DELETED FROM PARTY - ARRAY AT THE RISK 0F THE APPELLANT AS PER THE ORDER DTD. 11/11/19) - 45 RAGHU (DELETED) AGED 41 YEARS - S/0. NARAYANI AMMA, RESIDING AT AYATHOTHIL - HOUSE, KOZHUKKALLUR AMSOM NARAKKOTTU DESOM, KOYILANDY, KOZHIKODE 673 524 - (RESPONDENT NO. 45 STRUCK OFF FROM THE PARTY - ARRAY AT THE RISK 0F THE APPELLANT AS PER THE ORDER DTD.10/11/20 0F THE HON'BLE CSD(J) IN IA 1/20) ## RI BY ADVS. ## SRI . R . PARTHASARATHY SMT , SEEMA THIS FIRST APPEAL FROM ORDER - REMAND ORDER HAVING COME UP FOR HEARING 0N 09.12,2021, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING: FAO (RO) NO. 37 0F 2019 ## JUDGMENT The matter is settl.ed out of court between the parties. The compromise arrived at and signed by au the parties and their respective counsel has been produced along with a statement under Order XXIII Rule 3 C.P.C. Hence, the compromise arrived at by the parties is accepted. A decree is passed in terms of the settl.ement arrived at by the parties . The F.A,0(RO) is disposed of accordingl.y. The compromise arrived at by the parties win form part of the judgment and decree. Refund the entire court fee paid to the appell.ant in view of legal position settled by the Apex Court ±n The High Court Of Judicature at Madras rep. by its Registrar General v. M.C. FAO (RO) NO, 37 0F 2019 Subramaniam and Others E2®21 (2) KHC 62 2021 KHC 0nLine 6080 : ILR 2021 (1) Ker.956 2021 (2) KLT SN 25 : 2021 (3) SCC 560] . Sd/- P . SOMARAJAN JUDGE SPV a # BEFORE THE HONORABLE HIGH COURT 0F KERALA AT ERNAKULAM ## F.A.O.(RO).No. 37 0F 2019 Aasarivalapil Faizal : Appellant Puthukkudi Meethal Balan Adiyodi and others : Respondent ## JOINT STATEMENT FILED BY THE APPELLANT AND THE RESPONDENT UNDER ORDER XXIII RULE 3 0F THE CODE 0F CIVIL PROCEDURE LT= 1] Pursuant to order in FD 597/I??°m o.S. 960/1951 on the file of the Munisff Magistrate, Payyoli the predecessor in interest of the appellant was allotted plots K and Kl in Cl plan and plot H in C2 plan attached to the final decree. On the basis of the said allotment, the appellant filed E.P. 30/2007 for getting delivery of plots K and Kl of Ext CI plan and plot H of C2 plan prepared by the Advocate commissioner appointed in final decree of O.S. 960/1951. When the properties were about to be delivered the respondent obstructed the delivery of the plots K and K1. He thereafter filed a claim a petition as E.A. 140/2008 claiming exclusive right over plots K and K1. 2] The learned Munsiff dismissed the claim petition filed by the respondent. ® Aggrieved by the order of the learned Munsiff the respondent filed A.S. 30/2016 before the Sub court, Koyilandi. The leamed Sub Judge allowed the appeal by way of remand directing the trial court to decide the question of tenancy raised by the respondent. The FAO (RO) is against the said order of remand. 3] The dispute was talked over between the appellant and the respondent in the presence of mediators and well wishers. They have decided to settle the matter on the following terms and conditions. 1 ) The appellant agrees to relinquish his claim over Plot K in Ext. Cl plan. iard4=:;,?GL;es'4€ - 2) A pathway starting from the South Eastern corner of Plot K and start ig from the road on the East of plot K, more particularly shown as plot K1(a) in the plan attached will be retained by the appellant so as to enter plot K1. - 3) The appellant can take delivery of plots Kl and K1(a) shown in the plan attached to this compromise petition (plots Kl and portion of Plot K in Cl plan) and plot H in C2 plan and the respondent will not cause any obstruction for the same. rl - 4) The respondent shall not make any claim over plot Kl and the way on the SouthEastern Corner of plot K (plot K1(a) in the plan attached to this compromise petition) as well as over plot H in C2 plan. - iE - 5) The plan attached to this joint statement shall beng¥ part of the decree ` The appeal can be allowed recording the terms and conditions. ## Datedthisthea®faayofNovember,2o21. Appellant rl Counsel for the Respondent **==> picture [129 x 37] intentionally omitted <==** **----- Start of picture text -----**<br> orGb#`<br>**----- End of picture text -----**<br> Res=enle cfarty GxpL4 G/Sty P\c- DISTRICT : KOZHIKODE TALUK : KOYILANDY VILLAGE : KOZHUKKALLUR DESAM : KOZHUKKALLUR ELseTi,A;Lr;all:-;=m,icrfu+~ifg4323