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2022 Supreme(Online)(KER) 30869
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944 OP(C) NO. 425 OF 2021 AGAINST THE ORDER/JUDGMENT IN OS 101/2020 OF ADDITIONAL SUB COURT,NORTH PARAVUR PETITIONER/PLAINTIFF:
SUBAIDA BAVA AGED 55 YEARS W/O P M BAVA, PARELIL HOUSE, CHENGAL, KALADY P O, VADAKKUMBHAGAM VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
BY ADVS.
VARGHESE C.KURIAKOSE SRI.V.P.POULOSE RESPONDENTS/DEFENDANTS:
1 M/S KANS WEDDING CENTRE REGISTERED OFFICE AT DOOR NO. 13/479, P O VALAPPAD, ANAVIZHUNGINADA, THRISSUR DISTRICT, PIN-680567.
REPRESENTED BY AUTHORISED SIGNATORY, NIYAS K A, S/O K P ABDUL JABBAR, .
2 NIYAS S/O K P ABDUL JABBAR, MANAGING PARTNER, KANS WEDDING CENTRE, REGD, OFFICE AT DOOR N.13/479, P O, VALAPPAD, ANAVIZHUNGINADA, THRISSUR DISTRICT-680567.
3 MR K A NOUSHAD AGED 42 YEARS S/O K P ABDUL JABBAR, RESIDING AT KANNATHU, PADIKAL HOUSE, VALAPPAD VILLAGE AND DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN-680567.
4 MR K A NOORSHA AGED 40 YEARS S/O K P ABDUL JABBAR, RESIDING AT KANNATHU, PADIKAL HOUSE, VALAPPAD VILLAGE AND DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN-680567.
BY ADV SRI.C.DHEERAJ RAJAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022, ALONG WITH OP(C)NOS.442/2021, 443/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944 OP(C) NO. 442 OF 2021 AGAINST THE ORDER/JUDGMENT IN OS 102/2020 OF ADDITIONAL SUB COURT,NORTH PARAVUR PETITIONER/PLAINTIFF:
AASHIQ BAVA, AGED 26 YEARS, S/O.P.M.BAVA, PARELIL HOUSE, CHENGAL, KALADY P.O., VADAKKUMBHAGAM VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
BY ADVS.
VARGHESE C.KURIAKOSE SRI.V.P.POULOSE RESPONDENTS/DEFENDANTS:
1 KANS WEDDING CENTRE REGD. OFFICE AT DOOR NO.13/479, P.O.VALAPPAD, ANAVIZHUNGINADA, THRISSUR DISTRICT, PIN-680567, REP. BY AUTHORISED SIGNATORY, NIYAS K.A., S/O.K.P.ABDUL JABBAR.
2 NIYAS, S/O.K.P.ABDUL JABBAR, MANAGING PARTNER, KANS WEDDING CENTRE, REGD. OFFICE AT DOOR NO.13/479, P.O.VALAPPAD, ANAVIZHUNGINADA, THRISSUR DISTRICT, PIN-680567.
3 MR.K.A.NOUSHAD, AGED 42 YEARS, S/O.K.P.ABDUL JABBAR, RESIDING AT KANNATHU PADIKAL HOUSE, VALAPPAD VILLAGE AND DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-680567.
4 MR.K.A.NOORSHA, AGED 40 YEARS S/O.K.P.ABDUL JABBAR, RESIDING AT KANNATHU PADIKAL HOUSE, VALAPPAD VILLAGE AND DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-
680567.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022, ALONG WITH OP(C).NOS.425/2021, 443/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944 OP(C) NO. 443 OF 2021 AGAINST THE ORDER/JUDGMENT IN OS 100/2020 OF ADDITIONAL SUB COURT,NORTH PARAVUR PETITIONER/PLAINTIFF/RESPONDENT:
P.M.BAVA, AGED 63 YEARS, S/O. LATE P.K.MOHAMMED BAVA, PARELIL HOUSE, CHENGAL, KALADY P.O., VADAKKUMBHAGAM VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
BY ADVS.
VARGHESE C.KURIAKOSE SRI.P.J.JOSE SHRI.SUSANTH SHAJI SRI.V.P.POULOSE RESPONDENTS/DEFENDANTS/PETITIONERS 1 AND 2 AND RESPONDENTS 2 AND 3:
1 M/S KANS WEDDING CENTRE REGD. OFFICE AT DOOR NO.13/479, P.O.VALAPPAD, ANAVIZHUNGINADA, THRISSUR DISTRICT, PIN-680567, REP. BY AUTHORISED SIGNATORY, NIYAS K.A., S/O.K.P.ABDUL JABBAR.
2 NIYAS, S/O.K.P.ABDUL JABBAR, MANAGING PARTNER, KANS WEDDING CENTRE, REGD. OFFICE AT DOOR NO.13/479, P.O.VALAPPAD, ANAVIZHUNGINADA, THRISSUR DISTRICT, PIN-680567.
3 MR.K.A.NOUSHAD, AGED 42 YEARS S/O.K.P.ABDUL JABBAR, RESIDING AT KANNATHU PADIKAL HOUSE, VALAPPAD VILLAGE AND DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-680567.
4 MR.K.A.NOORSHA, AGED 40 YEARS S/O.K.P.ABDUL JABBAR, RESIDING AT KANNATHU PADIKAL HOUSE, VALAPPAD VILLAGE AND DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-680567.
BY ADV SRI.C.DHEERAJ RAJAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022, ALONG WITH OP(C).NOS. 425/2021, 442/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
COMMON JUDGMENT
Dated this the 06th day of July, 2022 The learned counsel appearing for the parties on both sides submit that the subject matter in dispute between the parties in all the three original petitions have been settled, as per the memorandum of mediation settlement agreement, dated 30.06.2022, signed by the parties and counter signed by their respective counsel.
2. I have perused the memorandum of mediation settlement agreement and have found the same to be in accordance with law.
In the result, the original petitions are allowed, in the light of the memorandum of mediation settlement agreement, dated 30.06.2022, which shall form a part of the judgment. Needless to mention, the parties would be at liberty to move the court below and seek for refund of the court fee, in accordance with law. Sd/-
C.S.DIAS Judge
APPENDIX OF OP(C) 425/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE RENT DEED ENTERED INTO BETWEEN THE PETITIONER, HER HUSBAND AND SON ON ONE PART AND THE RESPONDENTS ON THE OTHER PART ENTERED ON 06.03.2015.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE SUPPLEMENTARY AGREEMENT WAS ALSO EXECUTED BETWEEN THE PETITIONER, HER HUSBAND AND SON ON ONE PART AND THE RESPONDENTS ON THE OTHER PART ON
20.06.2015.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE PLAINT IN OS NO.
101/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR ATTACHMENT OF MOVABLE PROPERTY AS IA NO. 1/2020 IN OS NO. 101/2020 ON THE FILES OF ADDL SUB COURT, NORTH PARAVUR.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION AS IA NO. 4/2020 IN OS NO 101/2020 ON THE FILES OF ADDL SUB COURT, NORTH PARAVUR INVOKING SECTION
8.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE COUNTER AFFIDAVTI FILED BY THE PETITIONER IN IA NO. 4/2020 IN OS NO.101/2020 ON THE FILES OF ADDL SUB COURT, NORTH PARAVUR.
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE COMMON ORDER IN IA NO.4/2020 IN OS NO.100/2020, 4/2020 IN OS NO.
101/2020 AND 4/2020 IN OS NO 102/2020. DATED
11.12.2020.
APPENDIX OF OP(C) 442/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE RENT DEED DATED
6.3.2015 ENTERED INTO BETWEEN THE PETITIONER'S FATHER, HIS MOTHER SUBAIDA BAVA AND THE PETITIONER ON ONE PART AND THE RESPONDENTS ON THE OTHER PART.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE SUPPLEMENTARY AGREEMENT DATED 20.6.2015 BETWEEN THE PETITIONER'S FATHER, HIS MOTHER SUBAIDA BAVA AND THE PETITIONER ON ONE PART AND THE RESPONDENTS ON THE OTHER PART.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE PLAINT IN O.S.NO.102/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR ATTACHMENT OF MOVABLE PROPERTY AS I.A.NO.1/2020 IN O.S.NO.102/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION AS I.A.NO.4/2020 IN O.S.NO.102/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR INVOKING SECTION 8.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN I.A.NO.4/2020 IN O.S.NO.102/2020.
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE COMMON ORDER DATED
11.12.2020 IN I.A.NO.4/2020 IN O.S.NO.100/2020, I.A.NO.4/2020 IN O.S.NO.101/2020 AND I.A.NO.4/2020 IN O.S.NO.102/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR.
APPENDIX OF OP(C) 443/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE RENT DEED ENTERED INTO BETWEEN THE PETITIONER, HIS WIFE AND SON ON ONE PART AND THE RESPONDENTS ON THE OTHER PART ENTERED ON 6.3.2015.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE SUPPLEMENTARY AGREEMENT DATED 20.6.2015 EXECUTED BETWEEN THE PARTIES.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE PLAINT IN O.S.NO.100/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR ATTACHMENT OF MOVABLE PROPERTY AS I.A.NO.1/2020 IN O.S.NO.100/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION AS I.A.NO.4/2020 IN O.S.NO.100/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR INVOKING SECTION 8.
EXHIBIT P6 TRUE PHOTOST
