IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 170 of 2009()
1. M.AMMALUKUTTY AMMA,
... Petitioner
2. M.LEELA C.MENON,
3. M.K.RADHAKRISHNAN,
4. M.K.GOPALAKRISHNAN,
5. M.SETHUMADHANVAN,
6. M.BALACHANDRAN,
7. VATSALA GOPINATH,
Vs
1. M.DAMODARAN, S/O.LATE E.KRISHNANUNNI,
... Respondent
2. REMA KARUNAKARAN,
3. RADHA BALAKRISHNAN, W/O.BALAKRISHNAN,
4. GOWRI RAGHAVESWARAN,
5. SANTHA RAGHAVAN, W/O.RAGHAVAN NAIR,
6. P.PARAMESWARAN, S/O.LATE RAMAN NAIR,
7. GOPI MOHAN, S/O.LATE SAROJINI AMMA,
8. MALINI DEVI, W/O.ARAVINDAKSHA MENON,
9. VIJAYAKUMAR, S/O.LATE SAROJINI AMMA.
10. RAMADAS, S/O.LATE SAROJINI AMMA.
11. SASIDHARAN, S/O.LATE SAROJINI AMMA.
12. NALINI, W/O.PADMANABHAN UNNI.
13. NANDHINI, D/O.LATE SAROJINI AMMA.
14. NANDAKUMAR, S/O.LATE SAROJINI AMMA.
For Petitioner :SRI.V.CHITAMBARESH (SR.)
For Respondent :SRI.U.BALAGANGADHARAN
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :11/08/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
M.F.A.Nos.170 & 169 OF 2009
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 11th day of August 2010
JUDGMENT
Basheer, J.
These two appeals are directed against a common order arising from two
proceedings instituted under Section 372 of the Indian Succession Act.
2. The court below disposed of the two original petitions filed by the legal
heirs of a deceased couple directing issue of succession certificate in favour of
Sri.P.Parameswaran (Petitioner No.4 in S.O.P.No.11/06) on behalf of the other
petitioners in the said original petition and also on behalf of respondents 1 to 8 in
the said petition so as to enable them to withdraw the sum of Rs.11,53,017.25/-
on production of requisite court fee within one month from the date of the order.
However, the other petition (S.O.P.No.13/06) was dismissed.
3. The common appellants have challenged the above common order
passed by the court below in these two appeals raising various contentions. We
do not propose to refer to or to deal with those contentions at this stage in view of
the subsequent developments.
4. It is heartening to note that the two sides who are close relatives have
buried their hatchet, thanks to the intervention of the Mediation Centre attached
to this Court. The memorandum of mediation settlement drawn up between the
two sides has been filed by the Mediator. The memorandum has been signed by
all the parties and their respective counsel in the presence of the mediator
Ms.Prabha R. Menon, Advocate.
M.F.A.Nos.170 & 169 OF 2009
:: 2 ::
5. Going by the settlement arrived at between the parties, it has been agreed
that S.O.P.No.13/06 be allowed and S.O.P.No.11/06 be dismissed. It is further
agreed between the parties that the succession certificate be issued in the name of
Mrs.Valsala Gopinath who is appellant No.7 in MFA (Succession) Nos.169/09 and
170/09 for the entire sum of Rs.11,53,017.25/-. The parties have further agreed
that a sum of Rs.9,00,000/- (Rupees nine lakhs) out of the above sum will be paid to
Sri.Parameswaran who is respondent No.6 in MFA (Sucession) Nos.169/09 and
170/09). More importantly, the respondents in the above two appeals have agreed
that they will have no further claim against any property, either movable or
immovable, left behind by late P.Sukumaran Nair or Mrs.Nalini Nair.
6. The succession certificate shall be issued as agreed between the parties
on payment of requisite court fee as contemplated under law. The memorandum of
settlement shall form part of this judgment.
7. Learned counsel for the parties submit that the fee payable to the
Mediator shall be paid by both sides within one week from today. The above
submission is recorded.
The appeals are disposed of in the above terms.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
jes