IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 RFA.No. 258 of 2010() --------------------------- OS.29/2007 of SUB COURT, OTTAPPALAM .................... APPELLANTS/DEFENDANTS 1 TO 5 ----------------------------------------- 1. GOURI MADHAVAN, AGED 70 YEARS, D/O.MANGATTU NJALIL NARAYANA VAIDYAR(LATE), KARAKKADE AMSOM AND DESOM IN OTTAPALAM TALUK, NOW RESIDING AT 26, PANJALI AMAN KOVIL STREET, ARUMBAKKAM, CHENNAI-600 106. 2. GIRIJA HARIDAS, AGED 68 YEARS, D/O.MANGATTU NJALIL NARAYANA VAIDYAR(LATE), KARAKKADE AMSOM AND DESOM IN OTTAPALAM TALUK, NOW RESIDING AT SAIDARALI BUILDING, YMCA ROAD, KOZHIKODE. 3. M.N.RAVEENDRAN, AGED 64 YEARS, S/O.MANGATTU NJALIL NARAYANA VAIDYAR(LATE), KARAKKADE AMSOM AND DESOM IN OTTAPALAM TALUK, NOW RESIDING AT 292, N.S.R.ROAD, SAINABA COLONY, COIMBATORE-11, TAMILNADU. 4. SHYLAJA PHALGUNAN, AGED 52 YEARS, D/O.MANGATTU NJALIL NARAYANA VAIDYAR(LATE), NOW RESIDING AT MANGALIAMA, IST STREET, T.NAGAR, CHENNAI, PIN-600 106, TAMIL NADU. 5. M.N.SURENDRAN, AGED ABOUT 54 YEARS, S/O.DO., RESIDING AT 292, N.S.R.ROAD, SAIBABA COLONY, COIMBATORE-11, TAMILNADU. BY ADV. SRI.E.NARAYANAN svs/ ..........2/-..... ...2... RESPONDENT(S): PLAINTIFFS AND DEFENDANTS 6 & 7 ---------------------------------------------------------------- * 1. CHANDRIKA BHAI, AGED 54 YEARS, W/O.MANGATTE NJALIL ASHOKAN (LATE), KARAKKADE AMSOM AND DESAM IN OTTAPALAM TALUK. * 2. ROOPESH, AGED 33 YEARS, S/O.CHANDRIKA BHAI, KARAKKADE AMSOM AND DESAM IN OTTAPALAM TALUK. 3. GIREESH, AGED 32 YEARS, S/O.CHANDRIKA BHAI, KARAKKADE AMSOM AND DESAM IN OTTAPALAM TALUK. * 4. RAGESH, AGED 30 YEARS, S/O.CHANDRIKA BHAI, KARAKKADE AMSOM AND DESAM IN OTTAPALAM TALUK. 5. THE SPECIAL TAHSILDAR, LAND ACQUISITION (G) NO.1, PALAKKAD. 6. THE STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, PALAKKAD. * R1, R2, AND R4 ARE REPRESENTED BY POWER OF ATTORNEY HOLDER R3. R1 TO R4 BY ADVS. SMT.T.D.RAJALAKSHMI SRI.DINESH R.SHENOY SRI.MAHESH MENON SRI.R.SREEHARI R5,6 BY ADDL.ADVOCATE GENERAL THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ THOTTATHIL B. RADHAKRISHNAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A. No. 258 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of November, 2010. JUDGMENT Thottathil B. Radhakrishnan, J, The parties have settled the disputes between them. However, there is some vagueness in the matter of reducing the terms into writing. We accordingly heard the learned counsel for the parties. The vagueness in the settlement as reduced into writing has been clarified. Therefore in the presence of the counsel for the parties, we re-draft the settlement arrived at between the parties as follows: 1. Without admitting any of the allegations made in the review petition, impleading petition and delay petition filed with reference to L.A.R. 11 of 2001, those applications can be allowed. 2. Following the aforesaid, the decree in O.S.29 of 2007 will stand modified by ordering apportionment of the amount covered by the award in L.A.R. 11 of 2001 in terms of the award in L.A.R. 17 of 1998. RFA. 258/2010. 2 Following this, this appeal is disposed of in terms of the aforesaid settlement and the Sub Court, Ottappalam is directed to take up L.A.R. 11 of 2001 and re-open it and pass an award afresh by making it in favour of all parties in terms of this judgment and decree. Thottathil B. Radhakrishnan, Judge P. Bhavadasan, Judge sb.