IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 13^TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945 WP(C) NO. 21025 OF 2023 PETITIONERS:

1 LEELA JOSEPH,AGED 77 YEARS W/O. JOSEPH MATHEW, KALLUPURAKKAL HOUSE, AARPPOOKKARA VILLAGE, VILLOONNI P.O., KOTTAYAM DISTRICT - 686008.

REPRESENTED BY HER POWER OF ATTORNEY HOLDER SARAMMA JACOB, AGED 67 YEARS, W/O. JACOB JOHN, RAMANKARIYIL, MUTTAMBALAM P.O., KOTTAYAM, PIN - 686004

2 JOHNSON PETER, AGED 55 YEARS S/O. K.I. PETER, PANACHICADU VILLAGE, KOLLAD P.O., KOTTAYAM DISTRICT - 686004.

REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SARAMMA JACOB, AGED 67 YEARS, W/O. JACOB JOHN, RAMANKARIYIL VETTIL, MUTTAMBALAM P.O., KOTTAYAM, PIN - 686004

3 SARAMMA JACOB, AGED 67 YEARS W/O. JACOB JOHN, RAMANKARIYIL VETTIL, MUTTAMBALAM P.O., KOTTAYAM, PIN - 686004

4 BABU K.P., AGED 72 YEARS S/O. K.I PETER, KOCHIKUNNEL HOUSE, PANACHICADU VILLAGE, KOLLADU P.O., KOTTAYAM, PIN - 686004

5 N.J.JOSEPH, AGED 86 YEARS, S/O. N.A. JOHN NARAKATHINPARAMBIL, PALLAM P.O., KOTTAYAM, PIN - 686007

6 JOBOY JOSEPH, AGED 53 YEARS S/O. N.A. JOSEPH, NARAKATHINPARAMBIL, PALLAM P.O., KOTTAYAM, PIN - 686007

7 JOSHNI.N. JOSEPH, AGED 56 YEARS W/O. P.S. JOSE, PANNAIKKAL PATHALIL HOUSE, MANGANAM P.O., KOTTAYAM, PIN - 686018

8 MARY K.P., AGED 74 YEARS W/O. ALEXANDER K.P., KOCHIKUNNEL HOUSE, PANACHICADU VILLAGE, KOLLAD.P.O., KOTTAYAM, PIN - 686004

9 MINCY ALEX, AGED 39 YEARS D/O. ALEXANDER K.P., KOCHIKUNNEL HOUSE, PANACHICAD VILLAGE KOLLAD.P.O., KOTTAYAM, PIN - 686004

10 MINU ALEX, AGED 30 YEARS D/O. ALEXANDER K.P., KOCHIKUNNEL HOUSE, PANACHICADU VILLAGE, KOLLAD.P.O., KOTTAYAM - 686004., PIN - 686004

11 BINDUMOL ABRAHAM, AGED 46 YEARS W/O. JOHNSON PETER, KULATHUNGAL HOUSE, VAKATHANAM SOUTH P.O., KOTTAYAM, PIN - 686538 BY ADVS.

GEORGE SEBASTIAN PHILIA KOSHY RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF REGISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001

2 THE DISTRICT REGISTRAR(GENERAL) KOTTAYAM COLLECTORATE, KOTTAYAM,, PIN - 686002 3 THE SUB REGISTRAR , PUTHUPPALLY, NEAR PUTHUPPALLY PANCHAYATHU OFFICE, KARUKACHAL RD, PUTHUPPALLY P.O., KOTTAYAM, PIN – 686011 R BY GP SRI.ROYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners 1 to 4 are siblings, and the children of late Peter and late Sara, who are the owners of an extent of 3.15 Ares of land comprised in Re-Sy. No.250/3 of Panachikkadu Village in Kottayam District, having a residential building thereon. Petitioners 5 to 10 are the legal heirs of the other siblings of petitioners 1 to 4. It is stated that Peter and Sara expired without executing any documents in respect of the aforesaid property and therefore, the petitioners 1 to 10 became the owners of the said property. The 3^rd petitioner, along with another sibling, executed a release deed in respect of the entire property in favour of the 4^th petitioner, without the junction of the other co-owners. The 4^th petitioner sold the property to another person and he sold it to one Ajayajan.K., who availed a loan from the Allahabad Bank, Kottayam, by mortgaging the property.

2. The 2^nd petitioner filed a suit before the Sub Court, Kottayam, which was later transferred to the Munsiff Court, Kottayam, as O.S. No.506/2019, for declaration of the aforesaid transactions as null and void and for an injunction. During the pendency of the said suit, the dispute with the Bank as well as the other party was settled and a settlement agreement has been arrived at between the parties in the mediation and the Bank was deleted from the party array. Ext.P2 is the compromise decree dated 05.12.2022 in O.S. No.506/2019, in which the mediation report formed part. As per the same, it was agreed that the entire property would revert back to the ie original owners, ., late Peter and late Sara and the release deed as well as the two sale deeds would stand cancelled. It was