IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943 AR NO. 17 OF 2017 PETITIONERS: 1 SMT.MERLIN JOHN, W/O. LATE M.C.JOHN, RESIDING AT PLOT NO.99, JAWAHAR NAGAR, KADAVANTHRA, KOCHI- 682 020. 2 MRS.SOUMYA JOHN, D/O. LATE M.C.JOHN, RESIDING AT PLOT NO.99, JAWAHAR NAGAR, KADAVANTHRA, KOCHI- 682 020. 3 MRS.REMYA JOHN, D/O. LATE M.C.JOHN, RESIDING AT PLOT NO.99, JAWAHAR NAGAR, KADAVANTHRA, KOCHI- 682 020. BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL RESPONDENTS: 1 MR.JOSEPH NEVIL, S/O.DR.N.J.CHARLES, RESIDING AT DOOR NO.27/2511, K.P.VALLON ROAD, OPP. ST.JOSEPH'S SCHOOL, KADAVANTHRA, KOCHI-682 020. *(DIED, LEGAL HEIR IMPLEADED) 2 MR. JAISING JOSEPH, S/O.P.P.JOSEPH, RESIDING AT 42/1651A, ELIZA APARTMENT, OLD RAILWAY STATION ROAD, KADAVANTHRA KOCHI-682 020. *ADDL.R3 JOICE SUNNY, W/O.LATE JOSEPH NEVIL, AGED ABOUT 50, RESIDING AT DOOR NO.27/2511, K.P.VALLON ROAD, OPP.ST.JOSEPH'S SCHOOL, KADAVANTHRA, KOCHI-682 020. *(LEGAL HEIR OF THE DECEASED R1 IS IMPLEADED AS ADDL.R3 IN AR.17/17 AS PER THE ORDER DATED 15.11.2017 IN IA.54/2017) BY ADVS.SRI.K.B.DAYAL SRI.S.B.PREMACHANDRA PRABHU THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 30.09.2021, ALONG WITH AR.18/2017, 19/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AR NOS. 17 OF 2017 & Con.Cases -2- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943 AR NO. 18 OF 2017 PETITIONERS: 1 SMT.MERLIN JOHN, W/O. LATE M.C.JOHN, RESIDING AT PLOT NO.99, JAWAHAR NAGAR, KADAVANTHRA, KOCHI- 682 020. 2 MRS.SOUMYA JOHN, D/O. LATE M.C.JOHN, RESIDING AT PLOT NO.99, JAWAHAR NAGAR, KADAVANTHRA, KOCHI- 682 020. 3 MRS.REMYA JOHN, D/O. LATE M.C.JOHN, RESIDING AT PLOT NO.99, JAWAHAR NAGAR, KADAVANTHRA, KOCHI- 682 020. BY ADV SRI.SAJI VARGHESE KAKKATTUMATTATHIL RESPONDENTS: 1 MR.JOSEPH NEVIL, S/O.DR.N.J.CHARLES, RESIDING AT DOOR NO.27/2511, K.P.VALLON ROAD, OPP. ST.JOSEPH'S SCHOOL, KADAVANTHRA, KOCHI-682 020. *(DIED, LEGAL HEIR IMPLEADED) 2 MR.JAISING JOSEPH, S/O.P.P.JOSEPH, RESIDING AT 42/1651A, ELIZA APARTMENT, OLD RAILWAY STATION ROAD, KADAVANTHRA KOCHI-682 020. *ADDL.R3 JOICE SUNNY, W/O.LATE JOSEPH NEVIL, AGED ABOUT 50, RESIDING AT DOOR NO.27/2511, K.P.VALLON ROAD, OPP.ST.JOSEPH'S SCHOOL, KADAVANTHRA, KOCHI-682 020. (LEGAL HEIR OF DECEASED R1 IS IMPLEADED AS THE ADDITIONAL RESPONDENT IN AR.18/17 AS PER THE ORDER DATED 15.11.2017 IN IA.55/2017) BY ADVS.SRI.S.B.PREMACHANDRA PRABHU SRI.K.B.DAYAL THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 30.09.2021, ALONG WITH AR.17/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AR NOS. 17 OF 2017 & Con.Cases -3- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943 AR NO. 19 OF 2017 PETITIONERS: 1 SMT.MERLIN JOHN, W/O. LATE M.C.JOHN, RESIDING AT PLOT NO.99, JAWAHAR NAGAR, KADAVANTHRA, KOCHI- 682 020. 2 MRS.SOUMYA JOHN, D/O. LATE M.C.JOHN, RESIDING AT PLOT NO.99, JAWAHAR NAGAR, KADAVANTHRA, KOCHI- 682 020. 3 MRS.REMYA JOHN, D/O. LATE M.C.JOHN, RESIDING AT PLOT NO.99, JAWAHAR NAGAR, KADAVANTHRA, KOCHI- 682 020. BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL RESPONDENTS: 1 MR.JOSEPH NEVIL, S/O.DR.N.J.CHARLES, RESIDING AT DOOR NO.27/2511, K.P.VALLON ROAD, OPP. ST.JOSEPH'S SCHOOL, KADAVANTHRA, KOCHI-682 020. *(DIED, LEGAL HEIR IMPLEADED) *ADDL.R2 JOICE SUNNY, W/O.LATE JOSEPH NEVIL, AGED ABOUT 50, RESIDING AT DOOR NO.27/2511, K.P.VALLON ROAD, OPP.ST.JOSEPH'S SCHOOL, KADAVANTHRA, KOCHI-682 020. *(LEGAL HEIR OF THE DECEASED R1 IS IMPLEADED AS THE ADDITIONAL R2 IN AR.19/17 AS PER THE ORDER DATED 15.11.2017 IN IA.56/2017) BY ADVS.SRI.K.B.DAYAL THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 30.09.2021, ALONG WITH AR.17/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AR NOS. 17 OF 2017 & Con.Cases -4- ORDER [AR Nos.17/2017, 18/2017, 19/2017] When these matters were called today, the learned counsel for the parties were ad idem that the compromise between their clients has now almost obtained a full solution. They say that an Auditor has been appointed, and that the accounts are being now settled. In the afore circumstances, permitting the Mediator to complete the process of mediation and resolution of the disputes between the parties out of court, I close these Arbitration Requests; however, leaving full liberty to the petitioners or respondents to seek a rehearing in these matters, if it becomes so necessary in future. I, however, make it clear that if the parties are able to enter into a mediated AR NOS. 17 OF 2017 & Con.Cases -5- settlement out of court, then necessary steps in that regard will be taken by them and concluded dehors these matters. Sd/- DEVAN RAMACHANDRAN JUDGE akv AR NOS. 17 OF 2017 & Con.Cases -6- APPENDIX OF AR 17/2017 PETITIONER ANNEXURES ANNEXURE A TRUE COPY OF THE PARTNERSHIP ANNEXURE B TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER THROUGH THEIR LAWYER. ANNEXURE C TRUE COPY OF THE REPLY SUBMITTED BY THE 1ST RESPONDENT. ANNEXURE D TRUE COPY OF THE REPLY NOTICE SENT BY THE 2ND RESPONDENT. AR NOS. 17 OF 2017 & Con.Cases -7- APPENDIX OF AR 18/2017 PETITIONER ANNEXURES ANNEXURE A TRUE COPY OF THE PARTNERSHIP ANNEXURE B TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER THROUGH THEIR LAWYER. ANNEXURE C TRUE COPY OF THE REPLY SUBMITTED BY THE 1ST RESPONDENT. ANNEXURE D TRUE COPY OF THE REPLY NOTICE SENT BY THE 2ND RESPONDENT. AR NOS. 17 OF 2017 & Con.Cases -8- APPENDIX OF AR 19/2017 PETITIONER ANNEXURES ANNEXURE A TRUE COPY OF THE PARTNERSHIP ANNEXURE B TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER THROUGH THEIR LAWYER. ANNEXURE C TRUE COPY OF THE REPLY SUBMITTED BY THE RESPONDENT.