IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WA.No. 803 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8056/2009 Dated 19/03/2009 .................... APPELLANT(S): 4TH RESPONDENTS ----------------------------- M/S. KOCHUPURAKKAL MARKETING SPICES, REP. BY ITS PROPRIETOR SHIJO PAUL, S/O. PAILEY POULOSE,AGED 29 YEARS, RESIDING AT KOCHUPURAKKAL THAZHATHU HOUSE,S.N.JUNCTION ROAD, KOCHU THODU ROAD, KATTAPPANA VILLAGE, IDUKKI DIST. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): PETITIONERS 1 TO 3 AND RESPONDENTS 1 TO 3 -------------------------------------------------------- 1. JAISE SHIJO, W/O. SHIJO PAUL, AGED 26, KOCHUPURAKKAL THAZHATHU HOUSE, S.N.JUNCTION ROAD, PAZHUM KAVALA, KATTAPPANA.P.O., 685508, KATTAPPANA VILLAGE IDUKKI DIST. 2. AIGALEENA SHIJO, D/O. SHIJO PAUL, AGED 6 YEARS, RESIDING AT -DO-DO- 3. PAUL SHIJO, S/O.SHIJO PAUL, AGED 3 YEARS EWSIDING AT DO-DO- 4. THE UNION BANK OF INDIA, REP. BY ITS CHIEF MANAGER, REGIONAL OFFICE, UNION BANK BHAVAN, M.G.ROAD,STATUE, TRIVANDRUM-695001. 5. UNION BANK OF INDIA, KATTAPPANA BRANCH, REP. BY ITS BRANCH MANAGER,ELAVATHINKAL BUILDING, BUS STAND ROAD, KATTAPPANA, IDUKKI DIST. 6. THE AUTHORISED OFFICER, UNION BANK OF INDIA, UNION BANK BHAVAN,M.G.ROAD, STATUE, TRIVANDRUM. ADV. SRI.TOM JOSE FOR R1-3 SMT.GEETHA JOB(OZHUKAYIL) FOR R1-3 SRI.JOBY JACOB PULIKAKUDY (MEDIATOR) FOR MEDIATOR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.A.No.803 of 2009 -------------------------------------------------- Dated this the 8th day of June, 2009 JUDGMENT Kurian Joseph,J. The writ petition was filed by respondents 1 to 3, who are the wife and children of Sri.Shijo Paul who was the proprietor of the appellant concern. When the writ appeal came up before us, as per order dated 1-4-2009 we directed the parties to be present before the Kerala Mediation Centre in order to thrash out the possibility of a settlement, since in our opinion the basic issue was the matrimonial dispute between the parties. Accordingly the parties appeared before the Mediation Centre and it is seen from the report of the Mediator Sri.Joby Jacob that the disputes have been settled. The parties have filed a compromise petition by memo dated 6-4-2009. The said memo will form part of the judgment. 2. In view of the settlement of the entire disputes as per the terms of compromise referred to above, we do not think it necessary W.A.No.803 of 2009 : 2 : that the parties should again be relegated before the Family Court and civil court for the further follow up action for withdrawal of the proceedings, particularly in view of the request made by the parties before this court in the memo of compromise to pass appropriate orders in those pending matters also. Therefore, O.P.No.142/2007, O.P.No.152/2007, O.P.No.198/2007 and O.P.(G & W) No.240/2007, on the file of the Family Court, Thodupuzha will stand struck off from its file. O.S.No.159/2007 pending before the Munsiff Court, Kattappana and O.S.No.116/2007 on the file of the Sub Court, Kattappana are also struck off from the files of the respective courts. We also find that it is only in the interests of justice and for securing justice between the parties the proceedings in Crime No.699/2008 of Kattappana Police Station should also be put an end to. Accordingly the proceedings in Crime No.699/2008 of Kattappana Police Station are quashed. We make it clear that in case the appellant or the parties have any grievance with regard W.A.No.803 of 2009 : 3 : to the release of the security offered to the Bank, it will be open to them to approach the Bank and offer any other security to the satisfaction of the Bank. Both the parties will appear before the Family Court, Thodupuzha for working out the rest of the matters. The writ appeal is disposed of as above. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.A.No.803 of 2009 ---------------------------- JUDGMENT 8th June, 2009