BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE M.R.HARIHARAN NAIR (RETD.JUDGE) AND SHRI. K.J.THOMAS STANLEY (RETD. ADDL. DISTRICT JUDGE) FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 SA.No. 10 of 2001(A) -------------------- AS.49/1993 of II ADDITIONAL DISTRICT COURT, THRISSUR OS.248/1987 of MUNSIFF'S COURT, WADAKKANCHERRY .................... APPELLANT/APPELLANT/PLAINTIFF: ---------------------------------------------------------- PADMANABHAN, AGED 53 YEARS S/O. THANISSERY ACHUTHAN PANJAL VILLAGE & DESOM TALAPPILLY TALUK BY ADV. SRI.P.VIJAYA BHANU SRI.T.A.UNNIKRISHNAN RESPONDENTS/RESPONDENTS/DEFENDANTS: -------------------------------------------------------------------------- 1) SREEDHARAN, S/O. THANISSERY ACHUTHAN RESIDING AT PAINKULAM VILLAGE TALAPPILLY TALUK 2) DEVAKY, W/O. SREEDHARAN, THANISSERRY RESIDING AT PAINKULAM VILLAGE, TALAPPILLY TALUK 3) PANKAJAM, D/O. SREEDHARAN THANISSERY, PAINKULAM VILLAGE TALAPPILLY TALUK 4) PADMAJAN, D/O. SREEDHARAN THANISSERY, PAINKULAM VILLAGE TALAPPILLY TALUK BY ADV. SRI.M.V.BOSE THIS SECOND APPEAL HAVING COME UP FOR DETERMINATION AT LOK ADALAT ALONG WITH S.A. 11/01 AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: JUSTICE M.R.HARIHARAN NAIR (RETIRED JUDGE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- S.A. NOS:10 & 11 OF 2001 ------------------------------------------------------------- Dated this the 22nd February, 2008. A W A R D These two appeals arise from the decree and judgment passed by the First Appellate Court in A.S.Nos: 49 and 50 of 1993 arising from O.S.248/87 and 214/86 respectively of the Munsiff's Court, Wadakkancherry. Both the suits were dismissed. But in O.S.248/87 the counter claim placed by the first defendant was allowed. The parties have now filed compromise settling the differences in both these cases. 2. As per the comprise both sides have given up their respective claims and no more money is payable by either party to the other. In view of this settlement we allow S.A.11/01 to be withdrawn and S.A.10/01 where also the appeal is allowed to be withdrawn, there will be a further direction that the decree passed directing payment of money as claimed in the counter claim will stand disallowed. In other words parties will not have S.A.NOS: 10 & 11/01 -2- any liability to pay any amount to the other side after passing of this award. The compromise petition filed in these two cases will form part of this award. JUSTICE M.R.HARIHARAN NAIR RETIRED JUDGE, HIGH COURT OF KERALA SHRI. K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj