REA NO. __173 __OF_2_0_1_5_ 2 0'2 5 = RER = 310 71 IN TIE HIGH cotrFiT OF RERalA ZWT -EENAKULAM PRESENT ` \ TEE HCINouRABLE hdR. qusTICE A. BADHARrmEEN REDRESDAI_, TEE 9RE Dam OF ZLPRIL 2025 / 19TH C:HAITrmAr 1947 RNA NO. 173 0F 2015 AGZAIHST TEE dt]r>GMENT ZEND DEc:REE DHTED 31.1o.2ol4 IH os HO.358 OF 2ol2 OF I ADDITlcINAI stn3OREIHzyRE duDGEs cOuRT,ERINAmlLAM AIPEI]LANT/DEFENDANT-. K.K.COSE rinD 75 -s soot OF KURlzLppEN, REslDING HT EARAId¥THUKARmi IIOusE EsmARA I¥ER roAD, ERNAREIAM, HocHI-682 035 Br ADWS. §RE. a. asf5en §.fEf i56¥ SRI . K . v\. GEORGE SRI . P . S . GIREESH SNI . C: . G . PREETTh SRI . p . N . RA3:AcopnlAli riAIR REspoveENIJ_PLAIREI_FELF±i K. p. DrmoDARAli HAIR AGED 67 YEAiRS s/o.A.K.riAIR, 35/1872, soclTH dapkzrmlA RozD, E!ALARrv:zquTOM, mocHI-682 o25. Br ADv SRI.p.K.BABo THIS REG:[JIAR FIRET APPEAL HAVING C:ORE UP EOR ADMISSICIN OEN 09.04.2025r THE Cor7RT 0N TinE SAunE DHr DELIVERED TREE roLI\CunlHG= +i ±£-E ='=- ci} +-,, iL RE_A_H_a_._1_7_3___OF2015 A.BADHARUDEEN,I RF.A. No.173 of 2015 2 0 2 5 .. KE R : 3 1 0 7 1 Dated O9th day of April, 2025 JUDGMENT This regular first appeal has been filed under Section 96 read wjfh Order XLI Rule 1 of the Code of Civil Procfdure, 1908, challenstng £~be degrgg .and jgdgmee€ d~a£§d .3!-:I-9;£9±-4 _i# Q,S.. No. 3S-8 ~of 2-012 on the .files `of the .-Additional ]udge's Court -I, Ernakulam. 2. In this matter, the parties referred to mediation. The parties, viz, appellant and respondent have jointly signed mediation agreement submitted by the mediator, thereby matter has been settled and the memorandum of agreement under Section 89 of the Code of Civil Procedure r/w Rules 24 8c 25 of the Civil RE_A_HQ_._1_7_3 _OF 2015 2025 : KER= 31071 Procedure (Alternative Dispute Resolution) Rules 2008 dated 0`7.04.2.0'25, has been produced. The sane appears to be legal and acceptable. 3. In view of the settlement, the decree and judgment of the trial court stand reversed, and the appeal is allowed in terms of the settlement. The memorandum of settlement shall form part of the first appellate decree. -4. All interlocutory .applications ~pending in this regular first / appeal stand dismissed. Registry is directed to refund the adinissible court fee paid in this appeal to the appellant, as per law. ? .,.,, { BET i= ERE -S¥ --± t`5 -?- a ng i--`- -+ Sd/- A. BADHAREDEEN JUDGE EFLNhKuhard M`EBIATi¢N. cEHTFiE • tqul`GH equFET HALL'} . ` ..{2ndpbpr,9peve's±i..ribhcoinBLREtng,Ein3Iq:i!am,'xprii-31..€pp:com+=56±23S| `1. ".cfrfuei"b..fi.=I`#. >'- Th.eN[odal.Qffifer,.... t. ..". - High . Court REediation Centre,. `` -. Sir. #gehRc®#+#&rfe¥£!ic::]Ein.akuiarn. : .a .,-. ' ` I. .. •'¢ Sub : aped!atioq Of case nrfened by the~Hdn]h!e.H!Sh Go.urt.Of Kfra]a - regr Rat : .-` Referral. a I.'deted .rd E.A....tl.p``.....`!`-='&..f'`st.I.st--"-.'. .'. : .Of the Horibrable H!gh. C®urt of Hera.Ia ` ` ` -....,. +. ` ..-. ±---ut •®1 •` - , . I.ram to' fo"ari rieysririth hepap Of the Mediator in. th€ in-qder a!®fjg • wjtb .th.e en€!8sures`fo+ .inf.QrmEtigF* .ind ng€essary. adion. . ., `,. ` .. 1 ` . `.` L,.. End:-1. Repar±. Of,the caedfator. SiEftyein{ •`.i.g¥:::.#:`Fe¥ti¥oai°iderdated .., ., FEt,.fa=" .-.. I. - BEFORE THE HONouRABLE mGH couRT oF KERALA AT ERNAKULAM RF.A. NO. 173 0F Z015 EH]- K(K.Jose K.P. Damodaran Nair Appellant Respondent REPORT SUBMITTED BY TEE MEDIATOR Mediated, matter is settled. Terms and conditions are attached herewith. Dated this the 7th day Of April 2025. . Adv. A.R George Mediator High Court Mediation Centre BEFORE TIIE HONO-URABI.E HIGH- COURT OF KERAI.A AT ERNAKULAn4 R.F.A. NO.173 0F 2015 [H] K.K.Jose K.P.Damodaran Nair Appellant Respondent MEDIAmD SE"EMENT AGREEMENT qunder Section 89 Of the Code of Civil Procedure read with Rules 24 and 25 Of the Kerala Civil Procedure 04ediation) Rules, 2008) The dispute covered in the above case was refened for Court annexed mediation and was mediated by Mr. A.R. George, Advocate and accredited trained mediator and parties have agreed to settle their disputes as under: 1. The Appenant/Defendant and Respondent/Plaintiff having agreed to settle once and for all, the claims put forth by the latter in the subject suit - O.S. No.358 of 2012 on the ffles of First Additional Subordinate Judges Court, Emakulam from which the above appeal arises, against the appellantrdefendant, on the latter receiving a sum of Rs.16,00,000/- Q`upees Sixteen Lakhs only) in full and final settlement as also sadsfaction of all the claims of the respondent/plaintiff as against appellant/defendant in the subject suit and in the above appeal; `' PELLANT (rK.¥-b- RESPONDENT DAMODARAN NAIR) 2. An amount of Rs.16,00,000/- (Rupees Sixteen Lakhs only) deposited with the Punjab National Bank, Vennala Branch, by the appellant/defendant was attached as security in the subject suit - O.S. No.358 of 2012 by the First Additional Subordinate Judges Court, Emakulam and out of the said amount, an amount of Rs.10,00,000/- has already been released to the respondenvplaintiff pursuant to the order dated 24.11.2015 of tllis Hon'ble Court in the above Appeal. Parties hereby agrees that the said amount of Rs.10,00,000/- so released will be adjusted towards the aforementioned amount of Rs.16,00,000/-payable in terms of Clause 1 hereinabove; and the balance amount Of Rs.6,00,000/- (Rupees Six Lakhs only) can be released to the respondenvplaintiff from and out of the said deposit with the Punjab National Bank, Vennala Branch, which is under attachment in the subject suit - O.S. No.358 of 2012 by the First Additional Subordinate Judges Court, Emakulam; 3. In view of the above settlement, the respondent/plaintiff has no objection in hfting the attachment effected on Rs.16,00,000/- deposited by the appellant/defendant with the Punjab National Bank, Vennala Branch; which was attached in the subject suit -O.S. No.358 Of 2012 by the First Additional Subordinate Judges Court, Emakulam and the appellant/defendant will be entitled to withdraw and utilise the balance amount available in the said account since release of Rs.6,00,000/- in terms with Clause 2 above; with the respondent/plaintiff have no claim whatsoever on the balance amount thereof; (tpp=AIi (K.K. JOSH) (K.P. DAMODARAN NAIR) 4. Both parties request this Hon'ble Court to issue an order Hfting attachment of Rs.16,00,000/- deposited by the appenantldefendant with the Punjab National Bank, Vennala Branch and direct the Branh Manager, Punjab National Bank, Vennala Branch to release Rs.6,00,000/- to the respondent/plaintiff and the balance amount to the appellanvdefendant and to direct the Registry of this Hon'ble Court to communicate the order thereof to the Branch Manager, Punjab National Bank, Vennala Branch; 5. It is to be clarified that the respondent K.P Damodaran Nair had withdrawn Rs.10,00,000/- (Rupees Ten lakhs only) from the Bank Account of the appellant maintained with Pubjab National Bank, Vennala Branch on the basis of an order of the Hon'ble High Court, in IA No.2467/2015 in RFA.No.173/2015 by furnishing a Bank Guarantee of Rs.10,00,000/- (Rupees Ten lakhs only) with Indian Bank, Ravipuram Branch, M.G Road by the respondents before the Sub Court, Emakulam. The above said Bank Guarantee of Rs.10,00,000/- (Rupees Ten lakhs only) shall be released in favour of the respondent and for that purpose, respondent shall. ffle an application before the Sub Court, Emakulam, the appellant should submit his non-objection statement before the Court. PELLANT racrtl .K. JOSE) {K.P. DAMODARAN NAIR) 6. In view of the aforesaid Agreement arrived at through mediation, the appellant may be anowed the refund of entire court fee . 7. Both pardes agree to this Mediation Settlement Agreement and terms herein being recorded as also judgment/decree being passed in terms of it. In view of the above settlement, it is respectfully prayed that Judgment/Decree may be passed in terms of this settlement and aforesaid terms and conditions agreed to between the parties, taking it on record. Dated this the 7th day Of April 2025. LPPELLANT iE iii= K.K. JOSE) e# E#,3 Counsel for the Appellant . -`.` (K.P. DAMODARAN NAIR) cLeu\o.{ciacwh` .c ql rJa-|l Counsel for the This settlement agreement is authenticated by me. Adv. A.R.George (Mediator)