O.M. Eqbal & Anr. v. E.J. Simon & Others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. Somarajan
Judgment Date: 2021-12-15
Court Decision / Holding: The appeals were disposed of in terms of the mediation settlement. The settlement will form part of the decree. The appellant in RFA 385/2008 was refunded the full court-fee under Section 69A of the Kerala Court Fees and Suits Valuation Act, 1959, while no refund of court-fee was ordered for RFA 611/2010 due to its indigent status. The mediator’s report and the related enclosures were to form part of the record.
Final Disposition: Disposed of in terms of the settlement arrived at by the parties.

Parties to the Case

Appellants / Petitioners

O.M. Eqbal
K.G. Antony
Jayaraj

Respondents

E.J. Simon
C.R. Rajakumari
(Jayaraj as a party to RFA 385/2008)

Legal Representation & Advocates

Counsels for Petitioners

• K. Ramachandran
• M. C. Bindumol
• Smt. S. Sree Dev

Counsels for Respondents

• R. Sanjit
• C.S. Sindhu Krishna
• S. Shyam
• K. Ramachandran
• Smt. C.S. Sindhu Krishna
• Smt. Sree Dev

Case Synopsis & Summary

The High Court of Kerala at Ernakulam, presided by Justice P. Somarajan, heard Regular First Appeals Nos. 385/2008 and 611/2010 arising from OS 350/2005 of the Sub Court, Ernakulam. The appeals involved disputes among the parties over partition, cancellation and sale deeds connected with properties in the Ernakulam area (Maradu and Tripunithura zones). On 24 September 2021, the court recalled its earlier judgment and noted that the disputes had been resolved through mediation. The mediation resulted in a settlement wherein the appellants (O.M. Eqbal and K.G. Antony) agreed to pay Rs. 8,00,000 to the first respondent, E.J. Simon, toward full and final settlement of all issues in the appeals; the first respondent accepted this amount. The terms also included: cancelation/setting aside of Partition Deed No. 2329/2005; set-aside of related sale deeds (Ext. A9, A10) and the sale of a property (Ext. A8) in favour of the appellants, with a comensurate agreement that the 2nd appellant would purchase the plaint schedule property and the first respondent would withdraw future claims. The 3rd respondent, Jayaraj, agreed to withdraw RFA 611/2010. The court directed that the settlement be recorded as part of the decree and, since RFA 611/2010 was filed by an indigent person, the court ruled there was no need to refund court-fee in that case, while ordering a refund of the entire court-fee in RFA 385/2008 under Section 69A of the Kerala Court Fees and Suits Valuation Act, 1959. The appeals were disposed of in terms of the mediation settlement.

Provisions of Law Cited

Kerala Court Fees and Suits Valuation Act, 1959, Section 69A

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants sought resolution of long-standing disputes through mediation, leading to settlement rather than contested adjudication. They offered to pay Rs. 8,00,000 to E.J. Simon as full and final settlement and to implement terms that would modify and settle the partition and sale deeds. They urged that the final decree reflect the mediated agreement to avoid further litigation and to restore peace among the parties, including withdrawal of certain litigations and claims on the plaint schedule property.

Contentions of Respondents

The respondents consented to the mediation and accepted the terms of settlement, including payment of Rs. 8,00,000 and the cancellation/set-aside of certain partition and sale deeds. They agreed that Jayaraj would withdraw RFA 611/2010, and that the settlement would be incorporated into the decree. They supported the aim of ending disputes through mediation and ensuring finality by modifying the decree accordingly.

Extracted Judgment Text

Exact text extracted from official judgment records.

# IN ThE HIGH COURT OF KERALA AT ERI\lAI(ULAM # PRESENT ## THE I10NOuRABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 15" DAY 0F DECEMBER 2®21 / 24TH ACRAl+AYANA, 1943 RF:A NO. 385 0F 2®08(CI AGAINST THE JUDGMENT AND DECREE DATED 19/12/2®®7 IN OS 350/20®5 0F SUB COLJRT, ERI\lAKULAM ## APPELLANTS/DEFENDAl\lTS 3 & 4: 0.M.EQBAL, S/0 0.S.MAHEEN, KALAPARAMBIL, P.0.MARADU, RANAYANN00R TALUK, ERNAKULAM, DISTRICT. K.G.ANTONY, S/0.GEORGE, KOVKARAM PARAMBIL, NETT00R BESOM, MARADU VILLAGE, KANAYANN00R TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI . K . RAMACHANDRAN SMT . M . C . BIMDUMOL SRI . S . SREEDEV ## RESPONDENTS/PLAINTIFF & DEFENDANTS 1 AND 2 : 1 E.J.SIMON, S/0 JOSEPH, RESIDING AT ELANJICKAL HOUSE, C.C,44/1174, PUTHIYA ROAD, KAL00R DESOM, ELAMKULAM VILLAGE, KANAYANNOOR, TALUK, COCHIN - 17. SMT.C. R. RAJAKUMARI, W/O. LATE RAVIKUMAR, PULIPARAMBIL, VADUTHALA DESOM, CHERANELLOOR, VILLAGE, RANAYANNUR TALUK, NOW RESIDING AT VALIYAPARAMBIL HOUSE, C.C. 65/1310, SRM ROAD, PACHALAM DESOM, CHERANELL00R VILLAGE, KANAYANNUR TALUK, PIN - 682 012 SRI. JAYARAJ, S/0. LATE RAVIKUMAR, PULIPARAMBIL, VADUTHALA DESOM, CHERANELL00R VILLAGE DO. DO. BY ADVS.RI SRI.R.SANJITII SMT.C.S.SINDHLI KRISHNAH SFtl . S . SHYAM -R3 THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING 0N 15.12,2021, ALONG WITH RFA.611/201®, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING: ## [RFA Mos.385/20®8, 611/2®1®] 2 ## IN "E HIGH COURT 0F I(ERALA AT ERl\lAKULAM ## PRESENT ## THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 15" DAY 0F DECEMBER 2021 / 24TH AGRAHAYANA, 1943 RFA NO. 6110F 201®lJ` ## AGAINST ThE ]uDGMENT AND DECREE DATED 19/12/2e®7 IN os 35O/2ee5 OF: 11 ## ADDITIONAL SUB COURT, ERNAKULAM ## AppELLANT/r2ND DEFENDANT) : JAYARAJ, S/O LATE RAVIKUMAR, AGED 22, PULIPARAMBIL, VADUTHALA DESOM, CIJERANALLcOR VILLAGE, KAl\lAYANNUFt TALUK. BY ADVS. SRI . S . SHYAM SRI . B0BBYMAThEW K00THATTUKULAM ## RESPONDENTS (Pl.AINTIFF AND DEF:ENDANTS 1,3 a 4_I : - 1 E.J.SIMON, S/0 JOSEPH, AGED 55 YEARS, RESIDING AT ELANJICKAL HOUSE, CC-44/1174, PUTHIYA ROAD, KALOOR DESOM, ELAMKULAM VILLAGE, KANAYANI\fooR TALUK. - C.R. RAJAKUMARI, W/O.LATE RAVIKUMAR, - AGED 41, PULIPARAMBIL, NOW RESIDING AT VALIYAPARAMBIL HOUSE, CC 65/131®, SRM ROAD, COCHIN-682012. - 0.M. EQBAL AGED 4®, S/0. 0.S. MAHEEN, KALPARAMBIL, MARADU DESOM, PIN-6823®4, MARADU VILLAGE, KANAYANN00R TALUK. ## K.C. ANTONY, AGED 44, S/0. GEORGE, KOVKARAM PARAMBIL, NETT00R DESOM, MARADU VILLAGE, KANAYANN00R TALUK. ## RI BY ADVS. SRI.R.SANJITH ## SMT.C.S.SINDHU KRISHNAH - R3 & R4 BY ADVS.SRI.K.RAMACHANDRAN SF{I . S . SREEDEV SMT . M . C . BINDUMOL THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING 0N 15.12.2021, ALONG WITH RFA.385/20®8, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: [Rl=A Mos.385/20®8, 611/2®1®] 3 ## JUDGMENT The earlier judgment dated 24/09/2021 is recalled, Both the cases were settled in mediation. Hence, both the appeals are disposed of in terms of the settlement arrived at by the parties. The settlement will form part of the decree. RFA.No.611/2010 filed by the appellant as an indigent person. Hence, there is no necessity to order refund of the court fee. Refund the entire court fee to the appellant in R.F.A.385/2008 under Section 69A of the Kerala Court-Fees and Suits Valuation act, 1959. Sd/. P . SOMARAJAN JUDGE msp # ERNAKULAM MEDIATION CENTRE (HIGH COURT HAI.L) ilding. Emaku chi -31.(Ph.0484256223B} 2±floor. above SBI. High Co_utJ Dated: 0| ( a 1£1 EMCIReB.No..I.hq(4`4Q Dated: 0| ( a 1£1 From The Nodal Officer, High Court Mediation Centre. To TheRegistrar(Judicial),`. High Cout of Kerala, Emak.ulam **==> picture [3 x 2] intentionally omitted <==** **----- Start of picture text -----** -` **----- End of picture text -----** Sir' sR":;.--MReefeamn=oorldreerff.eK;E#effg.I.|rfu`gnd("|4``o dated...CEL.a..).I.\.*fa.....oftheHon'bleHighcoutofKerala. *** The repon of the Mediator in the matter along with the enclosures is furnished herewith for information and necessary action. Yours faithfully, rfu Nodal Officer Emakulam Mediation Centre / Encl:- 1. Report of the Mediator, Settlement Agreement. 2.CopyofrefeITalorderdated...a.9.\.\..\fl`.oftheHighcourtofKerala. I- 3. Copy of Petition. ® # BEFORETHEHONOURABLEHIGHCOURTOFKERALAAT ERNAKULAM REALNQ±3fl54onEL±o ## R.F.A. No. 385/2008 0.M.Eqbal & Another : Appellants Vs. E.J.Simon & Others Respondents ## R.F.A. No. 611/2010 Jayaraj : Appellant Vs. E.J.Simon & Others Respondents ## BEPQB±£±±BM±HEDLB±£±±±EJMERI4LTQB ALDV.MEENAJOHEL Mediated, matter is settled. Settled agreement are attached herewith. Dated this the 7th day of September, 2021. L'k Adv. Meeria John M. Mediator Ernakulam Mediation Centre . + 1 rl I ## BEFORE THE HON'BLE HIGH COURT OF KERAL A AT ## ERNAKULAM ## B±AEA!Q£3£Ez2QQa±B±AuQj£±±4QiQ B±.A.NO. 385/2ng 0.M Eqbal & another : Appe,lants V. E.J Simon & others :- Respondents ## BiF.A No. 611/20_±Q Jayaraj Appellant VS. ## E.J. Simon & Others Respondents > NDER 890F THE > CODE OF THE CIVIL READ WITH RULES AND 25 CIVIL PBQ£EE2!±EEJ±4ED!AI±QA!JB± The parties above named beg to submit as follows: 1. The aforesaid Appeals were referred to mediation for resolving theI dispute between the parties. In the course of mediation, they have resolved their dispute and ha\.Je agreed to the fol!o`^'ing terms and conditions: i. The Appellants in RFA 385/2008 (a.M. Equal and K.G Antony) hereby agreed to pay an amount of Rs.8,00,000/- (Rupees Eight Lakhs only) to the lst Respondent (E.J Simon) towards fuH and final settlement of all the issues involved in the appeal and the lst Respondent has accepted the same. Contd.........2/- **==> picture [97 x 31] intentionally omitted <==** **----- Start of picture text -----** ..,`. [¢.,¢_i] **----- End of picture text -----** **==> picture [17 x 13] intentionally omitted <==** **----- Start of picture text -----** L/ **----- End of picture text -----** RAr€`!.? State Msdiaticn and Conciliation Cent :-:`;, Hjgh Court of Kerala Kachi -682 031 u ii. The Appellants in RFA /2008 has now paid the settled amount of Rs.8,00,OOO/- (Rupees Eight Lakhs only) to the lst Respondent by way of bank transfer (RTGS) and the lst Respondent has acknowledged the same. iii. It is agreed by the lst Respondent that he has no objection to set aside the cancellation of Partition Deed No. 2329/2005 dated 7/04/2005 of SRO, Tripunithura (Ext. A8) which was executed between the 2nd and 3rd Respondents (i.e. C.R. Ra].akumari arld Jayaraj) in the light of the settlement arrived between all the parties in the above appeal. iv. It is also agreed by the lst Respondents that he has no objection to set aside the Sale Deed No. 2334/2005 dated 7/4/2005 of SRO, Maradu (Ext.A9) executed by the 3rd Respondent (Jayara].) in favour of the Appellants in RFA 385/2008 and the Sale Deed No. 3119/2005 dated 8/6/2005 of SRO, Maradu (Ext. A10) executed by the 2nd respondent (Rajakumari) in favour of the 2nd Appellant (K.G. Antony). v. The 2nd Appellant hereby agrees that the will purchase the property covered by the Sale Deed No. 2376 /2005 dated 11/4/2005 of SRO, Maradu, purchased by the lst Respondent (Simon) in favour of his wife Smt. Sabeena Simon (which is the 1/3 undivided part of the plaint schedule property) for which an agreement for Sale is executed between the 2nd Appellant and the wife of the lst Respondent. > Vl. The lst Respondent hereby agrees that he will not raise any claim in any manner with respect to the plaint schedule property in future. **==> picture [15 x 15] intentionally omitted <==** **----- Start of picture text -----** u **----- End of picture text -----** vii. The 3rd Respondent (Jayaraj) hereby agrees to withdraw the` RFA.611/2010 filed by him on the basis of the settlement arrived at between the parties. 2. In view of the aforesaid agreement entered into between the parties, the parties pray that the RFA.No.385 of 2008 and RFA.No.611 of 2010 may be disposed of in accordance with the terms of this settlement agreement by modifying the decree and ].udgment dated 19/12/2007 in O.S. 350/2005 of the Sub Coult, Ernakulam. `\...`,.i.-L± **==> picture [77 x 18] intentionally omitted <==** **----- Start of picture text -----** /, 4 Alf **----- End of picture text -----** Contd.....3/:.. -, - 23 Conciliation Centre K8rala Slate MI9d:,ati[ovnd] High C®urt Of Kerala t(or,hi - 682 03J 3. In view of the aforesaid agreement, the Appellants in RFA.No. 385/2008 and RFA.No.611/2010 pray for refund of the full Institution Fee in the€ respective appeals. 4. Parties will appear on ............... before the Hon'ble Court for passing Orders/Decree in terms of the above said agreement. **==> picture [2 x 2] intentionally omitted <==** **----- Start of picture text -----** I **----- End of picture text -----** Dated this the 4th day of September, 2021. ## RFA 385/2008 **==> picture [15 x 9] intentionally omitted <==** **----- Start of picture text -----** Eii] **----- End of picture text -----** Appe„ants 1.O.M.Eqbai Qur 2. K.G.Antony /z~. C~L£< counsel for the Appellants 8 |No C^ luo L. rl ' C . ## Respondents 1. E.J. Simon 2. C.R. Rajakumari Eiil 3. Jayaraj Counsel for the Respondent No.1 Counsel for the Respondents No.2 & Contd........4/- r.i r?!p s{a{e pe.2|i9^ 1 ?-i .o*t;liatinn Ce `-i-:---;`--:-.`,ap/dcv``oc|W HI{3h Cnul r}' Y\erala rot-,hi -682 031 hL ',` .L? ## R.F.A No. 611/2010 Appellant JayaraJ' •j:.-.-..;..--:- Counsel for the Appellant s€\ach, Achu.k„ci„ + ..4`J + Respondents E= 1. E.J. Simon 2. C.R. Ra].akumari 3.o.M.EqbalQ\\+" 4. K.G.Antony //Z'|[/H - #€] `, Counsel for the Respondents No.3 & 4 BtNt)q Mo i ` P`{ `C. ` €,oncilialifonCentrb Kerala state Meqia'` H\ig`h Court ot Kerala Kochi -682 031