IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 11967 of 2009(M) PETITIONER(S): VIJAYA SHARMA, AGED 70 YEARS, S/O.NARAYANAN, ARAVUKUZHIYIL VEEDU, NEDUMANNY P.O., NEDUMKUNNAM VILLAGE, CHANGANASSERY. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): 1. ABHILASH, S/O.APPU, SMRITHI BHAVANAM, ATTUKUZHIYIL, NETHALLOOR P.O., CHANGANASSERY. 2. SUJA, W/O.ABHILASH, SMRITHI BHAVANAM, ATTUKUZHIYIL, NETHALLOOR P.O., CHANGANASSERY. 3. S.I. OF POLICE, KARUKACHAL POLICE STATION, CHANGANASSERY. 4. DEPUTY SUPERINTENDENT OF POLICE, KOTTAYAM. ADDITIONAL R5: SARASAMMA VIJAYA SHARMA, ARAVUKUZHIYIL VEEDU, NEDUMANNY P.O., NEDUMKUNNAM VILLAGE, CHANGANASSERY. IMPLEADED AS ADDITIONAL 5TH RESPONDENT VIDE ORDER DT. 9.11.2009. IN I.A.NO.7801/09 R1 & R2 BY ADVS. SRI.M.P.MADHAVANKUTTY & SRI.GOKUL DAS V.V.H. R3 & R4BY GOVT. PLEADER SRI.T.K.VIPINDAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11967 of 2009 :: 2 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS: NIL //true copy// P.S. To Judge SK/- KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------------------- W.P(C) No.11967 of 2009 ---------------------------------------------------------- Dated this the 9th day of November, 2009 JUDGMENT KURIAN JOSEPH, J. The petitioner approached this court seeking police protection. Finding that there is an element of settlement, we directed the parties to the Kerala Mediation Centre. Learned Mediator has filed a report stating that the parties have settled the disputes between them. The following are the terms of settlement: “1. The parties to the settlement recognise the 50% undivided right of the petitioner (Vijaya Sharma) and 50% undivided right of the impleading Respondent (Ms.Sarasamma) in the property covered by Registered Sale Deed No.2021 of 1977 of SRO, Karukachal and the residential building and other improvements therein. 2. The petitioner will convey his rights in the said property to the Respondents 1 & 2 herein (Abhilash and Suja) on payment of Rs.6 (Six) lakhs on or before 28.10.2010 by the respondents 1 & 2 to the petitioner. 3. In the event of the said Respondents 1 & 2 herein (Abhilash and Suja) not paying Rs.6 (Six) lakhs on or before 28.10.2010, the impleading Respondent (Mrs.Sarasamma) shall convey her rights to the petitioner or his elder daughter (Sushma AV) so nominated by the W.P(C)No.11967 of 2009 :: 2 :: petitioner upon the receipt of Rs.5.5 lakhs (Rs.Five lakhs fifty thousand only) by Mrs.Sarasamma. 4. In the event of any person liable to receive tha mounts as above refuses to so receive and convey the property rights and deliver the free possession, the other party shall be entitled to approach the civil court and seek the assistance of the civil court to enforce this terms herein as if it is a decree for specific performance. 5. The Respondents 1, 2 and 5 (Mrs.Sarasamma) shall be entitled to reside in the property upto 28.10.2010 and they shall vacate the building and property on such date if the payments are not made to the petitioner as stated in Clause No.2 above. 6. The Respondents 1, 2 and 5 (Mrs.Sarasamma) shall not be entitled to commit any waste or destruction to the properties except cutting down one coconut tree standing on the rear side of the residential building. 7. The terms herein shall be binding on the successors in interest of the parties herein.” The above terms are recorded. 2. In the event of any of the parties violating the terms of settlement, it will be open to the aggrieved party to approach the 3rd respondent, in which case, the 3rd respondent W.P(C)No.11967 of 2009 :: 3 :: will take appropriate action to ensure that law and order is maintained. 3. Towards the Mediator's fee, the petitioner on the one side and respondents 1 and 2 on the other, will pay an amount of Rs.2,000/- each, within a month from today. Writ petition is disposed of as above. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- // true copy //