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2018 Supreme(Ker) 718

ALEXANDER THOMAS
Kavitha D/o Varghese – Appellant
Versus
State of Kerala, Represented by The Secretary Department of Registration – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: T.M. Raman Kartha
For the Respondents: Sri. Saigi Jacob Palatty

JUDGMENT :

The prayers in this writ petition (civil) are as follows:-

“i. Call for the records of this case;

ii. Issue a Writ of Mandamus directing the 3rd respondent to accept Exhibit P5 sale deed for registration and register the same without insisting for payment of stamp duty by e-stamp, on or before the 5th October, 2018;

iii. Pass such other and further orders as this Hon'ble Court may deem to be just and proper in the facts and circumstances of this case.”

2. Heard Sri. T.M. Raman Kartha, learned counsel appearing for the petitioner and Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

3. The petitioner had filed an Original Petition as O.P.No.571 of 2010 before the Family Court, Ernakulam seeking a decree to realize her money and valuable assets from the respondents therein who are her husband and parents in law. The matter was referred by the Family Court for mediation process and Ext.P1 settlement dated 18.9.2010 was arrived at between the parties. The Family Court recorded the above said settlement as per Ext.P1 and then had rendered Ext.P2 decree on 05.10.2010. The relevant portion of the settlement agreement as per Ext.P1 as contained







































































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