IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 27478 of 2010(R) -------------------------- PETITIONER: --------------- ABDUL RAHMAN, S/O.MUHAMMED, VELLINAKKAD, THIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.SHIRAZ ABDULLA RESPONDENTS: --------------- 1. MAIMOONA.M.S., D/O.M.S.E.S.ATHARVALAN, 36 YEARS OF AGE, EDASSERY THAZHE HOUSE, EDASSERY THAZHE BUS STOP, PANTHEERANGAVU, KOZHIKODE TALUK. 2. K.T.ASHARAF, S/O.KUNJOI, KALATHUMTHODI HOUSE, ELAMARAM, CHERUVAYOOR P.O., MALAPPURAM DISTRICT. ADV. SRI.A.KRISHNAN FOR R1 ADV. K.M.FIROZ FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.27478 of 2010 ***************************** Dated this the 16th day of November, 2010 JUDGMENT BASANT, J. The petitioner/husband is the judgment debtor. The 1st respondent is the wife/decree holder. The decree was to pay an amount of Rs.1,87,500/-. The amount was not paid. The 1st respondent/wife/decree holder brought the property belonging to the petitioner/husband/judgment debtor to sale in execution. Sale was effected. The 2nd respondent is the auction purchaser. An amount of Rs.5,30,000/- has been deposited by the auction purchaser before the execution court. The petitioner came to this Court challenging the steps taken in execution. Parties were referred for mediation. Before the Mediator, parties have settled their disputes. Mediation settlement dated 19.10.2010, has been executed. Mediation settlement is duly signed by the petitioner/judgment debtor and the 2nd respondent/auction purchaser and countersigned by their counsel. The learned counsel for the decree holder/1st respondent also submits that the 1st respondent/wife also accepts the terms of settlement. 2. It is seen from the agreement and revealed from the submissions at the Bar that an amount of Rs.1,20,000/- has W.P(C) No.27478 of 2010 2 already been paid by the petitioner/judgment debtor to the 2nd respondent/auction purchaser. The auction purchaser has already deposited an amount of Rs.5,30,000/- before the court below. The court below confirms the availability of such amount in deposit. It is agreed that the said amount can be ordered to be released to the 2nd respondent/auction purchaser. 3. The auction purchaser/2nd respondent agrees that having received the amount of Rs.1,20,000/-, he will have no further claims if the amount of Rs.5,30,000/- which is available in deposit before the court below is returned to him. The 1st respondent/decree holder accepts that the claim in execution can be held to be satisfied if the amount of Rs.1,87,500/- available in deposit is released to her. 4. We have heard the learned counsel for all the three contestants. We are satisfied that the mediation settlement dated 19.10.2010 can be accepted. 5. In the result: a) This Writ Petition is allowed; b) The mediation settlement dated 19.10.2010 is accepted; W.P(C) No.27478 of 2010 3 c) The amount of Rs.1,87,500/- in deposit in E.P.No.93 of 2010 shall be released by the Family Court to the 1st respondent forthwith; d) The amount of Rs.5,30,000/- available in deposit before the court below shall be released by the court below to the 2nd respondent/auction purchaser forthwith; e) The sale in execution of the decree in O.P.No.499 of 2006 is hereby set aside. The document of sale will be of no legal effect. The Family Court shall take necessary further steps in this regard; f) The mediation settlement dated 19.10.2010 shall be annexed to the judgment in this Writ Petition. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(C) No.27478 of 2010 4 W.P(C) No.27478 of 2010 5 R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.27478 of 2010 ***************************** Dated this the 9th day of November, 2010 ORDER BASANT, J. The matter is settled between the parties. Mediation settlement dated 19.10.2010 has been filed. 2. Call for a report from the Family Court about the details of the amounts which are available in deposit in E.P.No.93 of 2010 and in O.P.No.499 of 2006. The court below shall specifically inform this Court the amount that is available in deposit as sale consideration, as the amount deposited towards the decreed debt as per the interim order dated 03.09.2010. Such report must reach this Court by 15.11.2010. 3. Call on 16.11.2010. (R.BASANT, JUDGE) W.P(C) No.27478 of 2010 6 (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(C) No.27478 of 2010 7 R.BASANT & M.L.JOSEPH FRANCIS, JJ. ********************** W.P(C) No.27478 of 2010 ********************* Dated this the 22nd day of October, 2010 ORDER BASANT, J. Report of the Mediator is received. Parties have settled their disputes, it is submitted. Counsel pray that the matter may be called on any day after 01.11.2010 to report final settlement. 2. Request is accepted. Call on 09.11.2010. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS , JUDGE) W.P(C) No.27478 of 2010 8 rtr/ W.P(C) No.27478 of 2010 9 R.BASANT & M.L.JOSEPH FRANCIS, JJ. ********************** W.P(C) No.27478 of 2010 ********************* Dated this the 13th day of September, 2010 ORDER BASANT, J. The 2nd respondent, who is the auction purchaser, has entered appearance through a counsel. The 1st respondent has not been served. The learned counsel for the appellant is permitted to give notice to the learned counsel for the 1st respondent appearing in the execution proceedings and file a memo to that effect within a period of 7 days from this date. There is a submission that the parties can be referred to a Mediator to attempt a harmonious settlement. The parties shall convey their response to the said proposal on the next date of posting. Memo effecting service on the learned counsel for the 1st respondent shall be filed by 20.09.2010. 2. Call on 22.09.2010. W.P(C) No.27478 of 2010 10 3. The interim directions issued on 03.09.2010 shall remain in force till 23.09.2010. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS , JUDGE) rtr/