K. K. Ashok Kumar and Nalini v. M. Gopinathan

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. Somarajan
Judgment Date: 2022-02-14
Court Decision / Holding: The matter is disposed of in terms of settlement arrived at by the parties; the settlement will form part of the judgment and decree; refund of the entire court fee paid to both appellants; the appeals are disposed of accordingly.
Final Disposition: Appeals disposed of by consent in terms of settlement; the settlement to be recorded in the judgment; no further costs; court fees refunded to the appellants.

Parties to the Case

Appellants / Petitioners

K. K. Ashok Kumar
Nalini

Respondents

M. Gopinathan

Legal Representation & Advocates

Counsels for Petitioners

• P. B. Krishnan
• P. M. Neelakandan
• Subramanyan
• Sabu George
• Manu Vyasan Peter

Counsels for Respondents

• Binoy Vasudevan
• R. Manikantan

Case Synopsis & Summary

This Regular First Appeal group comprises R.F.A. Nos. 199/2019 and 179/2021 arising from original suits O.S. 169/2012 and O.S. 17/2017 before the Additional Sub Court, Palakkad. The matter concerns dispute over a plaint schedule property and associated arrears, rents and costs. The High Court, presided by Hon'ble Justice P. Somarajan, referred the disputes to mediation at the District Mediation Centre, Palakkad, as part of dispute resolution proceedings. Mediation spanned multiple sessions (01.12.2021, 15.12.2021, 05.01.2022, 07.01.2022, 19.01.2022) and culminated in a report that the matter was settled. The memorandum of agreement recorded terms: the appellants would accept the lower court judgments (O.S. 169/2012 and O.S. 17/2017) and surrender possession of the property to the respondent; the respondent would forgo the decree for arrears and costs; the respondent would pay Rs. 2,00,000 to the appellants as consideration, payable by the time of possession surrender (on or before 05/04/2022); the appellants would surrender possession by 05/04/2022; in default, execution could proceed; the entire court fee would be refunded to both sides. The settlement is to form part of the judgment and decree. The order disposes of the appeals in terms of settlement, with no further litigation costs. The judgment cites a Kerala High Court direction that supports refunds in settled matters, referencing M.C. Subramaniam and others (2021 (2) KHC 62).

Provisions of Law Cited

Section 89, CPCRule 24 of the Civil Procedure ADR Rules 2008

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants sought resolution of the disputes through mediation and settlement, accepting the lower court judgments in O.S. 169/2012 and O.S. 17/2017, and agreeing to surrender possession of the plaint schedule property. They acknowledged the registered mediation agreement and the genuineness of the original document (exhibit Al). Their position culminated in surrender of possession and acceptance of settlement terms including monetary adjustment.

Contentions of Respondents

The respondent agreed to forgo the decree for arrears and the occupational charges, relinquish the plaint, and accept a settlement amount of Rs. 2,00,000 to be paid at the time of possession by the appellants. The respondent also consented to bear the costs of the mediation process as per the agreement and to vacate the property by the specified date, failing which execution could proceed.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Registrar General v. M.C. Subramaniam and others	2021 (2) KHC 62	Positive	Cited to justify refund of court fees in light of the settled position under mediation, aligning with the principle that settlement outcomes may influence fee refunds.

Extracted Judgment Text

Exact text extracted from official judgment records.

# IN THE HIGH COURT OF KERALA AT ERNAKULAM # PRESENT ## THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 14TH DAY 0F FEBRUARY 2022 / 25TH MAGHA, 1943 _RFA NO. 199 0F: 20±9 AGAINST THE JUDGMENT AND DECREE DATED 12/10/2018 IN OS 169/2®12 0F ADDITIONAL SUB COURT, PALAKRAD ## APPELLANTS/PLAINTIFl=S: K . K . ASHOKKUMAR, AGED 53 YEARS S/0. KANTANKUTTY, SREENAGAR COLONY, KUNNATHURMEDU, KANNANUR AMSOM DESOM, PALAl(KAD-678 7®2 , NALINI AGED 48 YEARS W/O. K.K. ASHOKKUMAR, SREENAGAR COLONY, KUNNATHURMEDU, KANNANUR AMSOM DESOM, PALAKRAD-678 7®2. BY ADVS. P . 8 . KRISHNAN SRI . P . M . NEELAKANDAN SRI . P . 8 . SUBRAMANYAN SRI.SABU GEORGE SRI.MANU VYASAN PETER ## BESPONDENT/DEFENDANT : M . GOPINATl+AN , AGED 45 YEARS, S/O LATE SWAMINATHAN, PARUTHIKAD VEEDU, EDAYAR STREET, KOPPAM AMSOM, PALAl(KAD TALUK, PALAKRAD-678 ®01. BY ADVS. SRI . BINOY VASUDEVAN SRI . R . MANIKANTAN TI+IS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING 0N 14.02.2®22, ALONG WITH RFA.179/2®21, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING: -:==.i:- [RFA Mos.199/2®19,179/2®21] 2 # IN THE HIGH COURT 0F KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 14" DAY 0F FEBRUARY 2022 / 25TH MAGHA, 1943 RFA NO. 179 0F 2®21 AGAINST THE JUDGMENT AND DECREE DATED 12/1®/2018 IN OS 17/2®17 0F: ADDITIONAL SUB COURT, PALAl(KAD ## APPELLANTS/DEFENDAI\lTS: K . K . ASOKKUMAR, S/O. KANTANKUTTY, AGED 59 YEARS NALINI, W/0.ASOKUMAR, AGED 53 YEARS, BOTH ARE RESIDING AT SREENAGAR COLONY, KUNNATHURMEDU, KUNNANUR AMSAM DESOM, PALAKRAD TALUK, PALAKKAD DISTRICT BY ADV . SRI . P . 8 . KRISHNAN SRI . P . 8 . SUBRAMANYAN SRI.SABU GEORGE SRI.MANU VYASAN PETER ## RESPONDENT/PLAINTIFF : M . GOPINATHAN S/0. LATE SETHUMADHAVAN,AGED 52 YEARS, RESIDING AT PARUTHIKAD VEEDU, EDAYAR STREET, KOPPAM AMSAM, PALAKKAD TALUK, PALAKKAD DISTRICT THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING 0N 14.02.2®22, ALONG WITH RFA.199/2019, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING: [RFA Mos.199/2019,179/2®21] 3 ## urDGMENT The matter is settled between the parties, The mediation report is received. Hence, the appeal is disposed of in terms of settlement arrived at by the parties. The settl.ement will form part of the judgment and decree. Refund the entire court fee paid to both the appell.ants in view of the I.egal position settled by the Apex Court in #jgh Court of Judicature at Madras rep. By its Registrar General v. M.C. Subramaniam and others [2®21 (2) KHC 62]. Sd/. P . SOMARAJAN JUDGE msp 08088 rl . ,.cD '`Q 3l\L®L2_ Med.No.273/2021. ## District Mediation Centre, Palakkad. Dated.28.01.2022. From Dr.B.Kalam Pasha District Co-ordinator (Principal District Judge) District Mediation Centre, Palakkad. **==> picture [17 x 6] intentionally omitted <==** **----- Start of picture text -----** (i. **----- End of picture text -----** To The Registrar (Judicial) High Court of Kerala Kochi.682031 a Sir' Sub:-Mediation in R.F.A.No.199/2019 and R.F.A.No.179/2021 of the Hon'ble High Court at the District Mediation Centre, Palakkad report submitting ofreg. Ref:-Order dated 24.11.2021 in R.F.A.No.199/2019 and R.F.A.No.179/2021 of the Hon'ble High Court of Kerala. ********* As per the reference cited above the Hon'ble High Court of Kerala referred R.F.A.No.199/2019 and R.F.A.No.179/2021 to the District Mediation Centre, Palakkad for mediation, directing the parties to mark their appearance before the District Mediation Centre, Palakkad. On appearance of both parties before the District Mediation Centre, Palakkad. Advocate Sri.P.Rajesh was appointed as the mediator in the above case. On conducting mediation sitting on 01.12.2021, 15.12.2021, 05.01.2022, 07.01.2022, and 19.01.2022 mediator has filed report to the effect that the matter is settled in mediation. The mediation report is enclosed herewith for kind information and necessary action. ## Yours f aithfully DisfiEtffi=6FalfiaI6r-(Principal District Judge) -:fr. .,` rl rl ## BEFORE THE HONOURABLE HIGH COURT OF KERALA, KOCHI ## R.F.A.199/2019 **==> picture [439 x 520] intentionally omitted <==** **----- Start of picture text -----** 1.K.K.Ashok Kumar, S/o.Kandankutty, Sree Nagar Colony, Kunnathurmedu, Palakkad. Appellants 2.Nalini, W/o.K.K.Ashok Kumar, Sree Nagar Colony, Kunnathurmedu, Palakkad. Gopinathan, S/o.late Sethumadhavan, Paruthikkad Veedu, Edayar Street, Respondent Koppam amsom, Palakkad. R.F.A. 1.K.K.Ashok Kumar, S/o.Kandankutty, Sree Nagar Colony, Kunnathurmedu, Palakkad. Appellants 2.Nalini, W/o.K.K.Ashok Kumar, Sree Nagar Colony, Kunnathurmedu,, Palakkad. Gopinathan, S/o.late Sethumadhavan, Paruthikkad Veedu, Edayar Street, Respondent Koppam amsom, Palakkad. The mediation agreement signed bv the aDDellants and res ondents in the above matters. **----- End of picture text -----** 2 ## The memorandum Palakkad mediation centre. The memorandum of agreement u/s.89 of the Code of Civil Procedure r/w. rule 24 of the Civil Procedure Alternative Disputes Resolution Rules 2008 executed by the appellants/respondents in the above matter at Palakkad Mediation centre. The parties above named beg to submit as follows:- 1. The aforesaid cases were referred to mediation by the Honourable High Court of Kerala for resolving the dispute between the parties in the course of mediation, the appellants and the respondent have resolved the dispute and have agreed to the following terms and conditions 1.The appellants in the respondents agreec, to accept the judgment and decree of the lower court of the Additional Sub Court, Palakkad dated 12/10/2018 in O.S.169/2012 and O.S.17/2017 and the appellants have agreed to surrender possession of the plaint schedule property in O.S.17/2017 in the file of Additional Sub Court, Palakkad to the respondent. u u 2. The respondent herein agreed to forgo the decree in respect of arrears of rent and occupational charges directed to be paid by the interest and costs granted by lower court directed to be paid by the lst appellant to the respondent herein he relinquishes the plaint. 3. The appellants further agrees thatthe document executed bythem as registered document No.2488/2005 at Palakkad S.R.O marked as ./ r\ ill exhibit Al is genuine, true and valid. That considering the hardship and in terms of the compromise the respondent agree to pay Rs.2,00,000/(rupees two lakhs only) to the appellants herein and the amounts is agreed to be paid only in terms of the mediation. The respondent herein relinquish to the compensatory cost and cost awarded by the lower court in his favour as per the decree in O.S.169/2012. That the appellants were granted time ti!! 05,/04/2022 to surrender possession of the property and the aforesaid amount of Rs.2,00,000/-(rupees two lakhs only) shall be given by the respondent to the appellants on or before 05/04/2022 but only at the time of surrendering Possession of the property by the appellants to the respondent rlerein. In case the appellants fail to surrender possession of the property on or before 05/04/2022 the respondent is entitled to proceed with the execution proceedings initiated before the additional Sub Court, Palakkad as E.P.53/2019 and recover possession of the property from the respondents and also the money portion of the decree including cost and compensatory cost, arrears of rent etc., from the appellants herein and also in case the appellants fails to surrender vacant possession on or before 05/04/2022, they will not be entitled for receive the aforesaid Rs.2,00,000/- (rupees two lakhs only) from the respondent herein. u The entire court fee paid by the appellants shall be refunded to them. It is hereby agreed that the above cases may be disposed of as per the law the above agreement may be recorded and the appeals R.F.A.199/2019 and R.F.A179/2021 may be dismissed without cost. The parties hereto agrees to bear cost by themselves. The parties herein have signed this agreement voluntarily. Appellants D£`ted this the 19th day of January, 2022 Respondent u **==> picture [100 x 20] intentionally omitted <==** **----- Start of picture text -----** 2.N [o,ul-I] **----- End of picture text -----** Counsel for the appellants Counsel for the respondent `f-- rl Eii ## Verification We, 1).K.K.Ashok Kumar, S/o.Kandankutty, Sreenagar Colony, Kunnathurmedu, Kunnanur amsom, Palakkad, 2.Nalini, W/o.K.K.Ashok Kumar, Sree Nagar Colony, Sree Nagar Colony, Kunnathurmedu, Kunnanur amsom, Palakkad the appellants in R.F.A.199/2019 and R.F.A.179/2021 and Gopinathan, S/o.late Sethumadhavan residing at Parithikkad Veedu, Edayar Street, Pa!akkad Taluk the respondent in. R.F.A. 199/2019 and R.F.A.179/2021 do hel-eby declare that all the statements made above are true and correct tot the best of our knowledge information and belief. Appellants Respondent 1.ha. 2: ndgivrf_ •f\ |||KERALA STATE MRI)IATION AND CONCILIATION CENTRE|KERALA STATE MRI)IATION AND CONCILIATION CENTRE|KERALA STATE MRI)IATION AND CONCILIATION CENTRE|KERALA STATE MRI)IATION AND CONCILIATION CENTRE| |---|---|---|---|---|---| ||||rilGH cOuRT MEDIATION CENTRE ; I]ISTRlcT||| ||||TO BE RETURNED TO 'IHE NODAL OFFICI}R||| ||||T0 BE COPIF,D T() THF, REFHRRING J.UDGE||| |f f i rfi<if. !S|f f i rfi<if. !S||||| ||1|CaseNunber„.ft..I.A„...\.1.:1.\Lfi|||| ||2.|Didthecaseultimatelysettle pr\e QA l\J\ ll. cJ ]3 \L|jL\ Y:(::/|||| ||3.|If yes,|||| |||a) Date of settlement..|a) Date of settlement..||| |||b) Has theagreementbeenreduced intowriting?|b) Has theagreementbeenreduced intowriting? JEEii||| |||c) Haveanyrelatedc;sesbeensettledasaresult?|c) Haveanyrelatedc;sesbeensettledasaresult?||| |.^|||||| ||||Plcase list case numbers:||| |||If no,whatwastheprimaryreasonfornon-settlonont:|||| ||Case was NOT mediated because:||||| |||a). I Gas.ewas deemed unfit formediation. Why unfit?|||| |||b) I Oneormore necessary parties never appeared:|b) I Oneormore necessary parties never appeared:||| ||||I plintifl I ~D'efendant|I Both|| |||c I oneormorenedessaryparties failer]to appearforafollow-up|c I oneormorenedessaryparties failer]to appearforafollow-up||| ||||I plintiff i r)efendant|I Both|| |||d) I Oneor moreparties could notchtalri authority to negotiate|d) I Oneor moreparties could notchtalri authority to negotiate||| |Eiil|||I plalnff I Defendant||| ||Case Media.te.d but:||||| |||e) One or more parties appeared but refused to participate in mediation|e) One or more parties appeared but refused to participate in mediation||| ||||plalndff. I Defiindaht|I Both|| |||0 Could not reach agreement on tens|0 Could not reach agreement on tens||| |||Dates:|||| |||a) Retumoffiletocourt: Cf a.\§\\}+ul|a) Retumoffiletocourt: Cf a.\§\\}+ul||| |||b) Parties appearance before the|b) Parties appearance before the||| ||Noclal Officer's Name : +.. .G\ .... T\.a.nft*Th||||| |||Signature Gl&NIh|||Date. c|ai i Q| )tL . , |