IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 AS.No. 714 of 1996() ----------------------------- OS.302/1993 of ADDL.SUB COURT, KOCHI .................... APPELLANT/PLAINTIFF BEFORE THE LOWER COURT: ------------------------------------------------------------------------------- K.R. MANI, AGED 41 YEARS, S/O.RAMANKUTTY, POKKARAMBATH HOUSE, PONNURUNTHI, KANAYANNUR TALUK. BY ADV. SRI.P.R.VENKETESH, SRIPRAMOJ ABRAHAM. RESPONDENT/DEFENDANT BEFORE THE LOWER COURT: -------------------------------------------------------------------------------------- JESTY ANTONY, AGED 26 YEARS, D/O.ANTONY, KURIZUPARAMBIL, RAMESWARAM WEST MURI, CULLICKAL, COCHIN-5. BY ADV. SRI.RENDEEP PREM, SRI.SHIJU VARGHEESE. THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 15/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- A.S.No.714 OF 1996 ------------------------------------------- Dated this the 15th day of November, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The parties have settled their disputes. In mediation, a settlement agreement has been arrived at, reduced to writing on consent by parties, countersigned by their learned counsel. We record the said settlement and the appeal is ordered as follows: (i) The appellants relinquishes all his claims in the suit properties and will hand over the free vacant possession to the respondent herein upon compliance of clause (ii) herein. (ii) In consideration of the same, the respondent will pay Rs.4,75,000/- (Rupees Four Lakhs Seventy Five Thousand only) to the appellant within two months from today. AS.714/96 2 (iii) There shall be no further claim as against each other in respect of the subject matter of appeal. (iv) The appellant will be entitled to remain in the suit schedule property until payment of such above amount. (v) In the event of non payment of amount in full or in part, the appellant will be entitled to interest at the rate of 9% per annum on such unpaid amount. (vi) It is further ordered that one half of the court fee paid on this appeal shall be refunded to the appellant, through his learned counsel. (vii) No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.22/11.