IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 OP(C).NO. 2980 OF 2011(O) ---------------------------------- OS.1558/2010 OF PRL.SUB COURT,THRISSUR PETITIONER: -------------------- DR.N.KUNJUKUTTY,AGED 70 YEARS, W/O.LATE DR.T.PRABHAKARAN,THULASI, OLLUKKARA P.O,THRISSUR DISTRICT. BY ADV. SRI.KOSHY GEORGE RESPONDENT(S): ----------------------- 1. LEELA SADASIVAN,W/O.LATE E.SADASIVAN, AGED 63 YEARS,EDAKKUNI WARRIEM,URAKAM P.O, THRISSUR DISTRICT 680 562. 2. GEETHA SADASIVAN,AGED 36 YEARS, W/O.KRISHNAKUMAR PAZHORE, NOW RESIDING AT BLOCK 376,STREET 72, TAMPANES,SINGAPORE 546 080. 3. SUNIL SADASIVAN,AGED 33 YEARS, S/O.LATE E.SADASIVAN,NOW RESIDING AT BLOCK 376, STREET 72,TAMPANES,SINGAPORE,546 080. 4. KRISHNAKUMAR PAZHORE,AGED 42 YEARS, NOW RESIDING AT BLOCK 376,STREET 72, TAMPANES,SINGAPORE 546 080. 5. N.RUGMINI,W/O.A.V.MENON @ BALAN, AGED 67 YEARS,AMMATH HOUSE, PUZHAKKAL,THRISSUR 680 553. 6. N.RAMANCHANDRAN,S/O.E.EASWARA WARRIER AGE 62 YEARS,RESIDING AT RUDHRAKSHAM, OLLUKKARA P.O, THRISSUR DISTRICT 680 655. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.2980 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1. TRUE COPY OF THE PLAINT IN O.S 185/2008 OF MUNSIFF COUERT, TRISSUR, RENUMBERED AS O.S 1558/2010 OF PRL.SUB COURT, THRISSUR. EXHIBIT P2. TRUE COPY OF PLAINT IN O.S 1631/2010 OF PRL.SUB COURT,TRISSUR. EXHIBIT P3. TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S 1631/2008. EXHIBIT P4. TRUE COPY OF AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENTS ON 25.3.2011. EXHIBIT P5. TRUE COPY OF THE DECLARATION OF MEDIATION SIGNED BY THE PETITIONER AND THE RESPONDENTS. EXHIBIT P6. TRUE COPY OF THE MEDIATION REPORT OF THE CONCILIATOR BEFORE THE PRL.SUB COURT, THRISSUR. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2980 of 2011 ==================================== Dated this the 11th day of October, 2011 J U D G M E N T Petitioner is the first defendant in O.S. No.1558 of 2010 and 4th defendant in O.S. No.1631 of 2010 of the court of learned Sub Judge, Thrissur. O.S. No.1558 of 2010 is filed by the 6th defendant in O.S. No.1631 of 2010 against petitioner and second respondent for prohibitory injunction. First respondent filed O.S. No.1631 of 2010 for partition and injunction. According to the petitioner, parties have settled the dispute in mediation and Ext.P4, agreement is executed on 25.03.2011. But learned Sub Judge has not accepted Ext.P4 and passed a decree accordingly. 2. Report of learned Sub Judge, Thrissur was called for. Learned Sub Judge in the report dated 29.09.2011 has stated the fact situation which according to the learned Sub Judge revealed that it is not able to dispose of the suits since parties have not arrived at a final settlement. Learned counsel submitted that it is with much difficulty that parties who are not in station were brought down, made to co-operate in the mediation, a settlement was reached and Ext.P4, agreement was executed. Learned O.P(C) No.2980 of 2011 -: 2 :- counsel has referred me to Ext.P5 which states that parties have voluntarily offered their consent to mediate the cases and Ext.P6 whereby the Mediator has stated that compromise is arrived at between the parties. Learned counsel has also referred me to Rule 24 of the Civil Procedure Mediation Rules (quoted in Salem Advocate Bar Association v. Union of India - AIR 2005 SC 3353) to contend that it is only when counsel has represented the parties (according to the learned counsel, in the mediation) that they need attest the signature of their respective clients. 3. I am not inclined to think that I should issue any direction to the learned Sub Judge in what manner Ext.P4, agreement has to be viewed and Exts.P5 and P6 must be dealt with. Learned Sub Judge has to deal with Ext.P4 to P6 as provided under the law. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv