BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT: JUSTICE K.PADMANABHAN NAIR (RETD.JUDGE, HIGH COURT OF KERALA) & SRI. K. J.THOMAS STANLEY(RETD.DISTRICT JUDGE) MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Ex.FA.No. 37 of 2008() ---------------------- AGAINST THE ORDER IN EA 276/06 IN EP 56/05 IN OS.57/2000 of SUB COURT, VADAKARA .................... APPELLANTS/PETITIONERS: ------------------------------- 1. THEKKE KULANGARATH PARAMBATH AYSHU D/O.PATHU, AGED 60 YEARS, SWASTHAM PALAYAD AMSOM, PATHIYARAKKARA DESOM VADAKARA TALUK. 2. THEKKE KULANGARATH PARAMBATH MARIYAM D/O.PATHU, 55 YEARS, SWASTHAM PALAYAD AMSOM, PATHIYARAKKARA DESOM VADAKARA TALUK. BY MR.RAFFEEKH.K,ADVOCATE RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE PANJAB NATIONAL BANK HEAD OFFICE NEW DELHI, BRANCH OFFICE VADAKARA KOZHIKODE DISTRICT (DECREE HOLDER) 2. P.B. PRASAD, GARUDC AYURVEDIC PRODUCT NEAR GOVT.HOSPITAL, NUT STREET (R1) 3. THEKKE KALANGARATH PSTSMBIL PATHU D/O.MOIDEAN, THEKKE KULANYARATH PARAMBIL PALAYAD AMSOM, PATHIYARAKKARA DESOM VADAKARA TALUK (R2) BY MR.K.P.SUDHEER, ADVOCATE FOR R1 MR.V.C.MADHAVANKUTTY, ADVOCATE FOR R1 THIS EXECUTION FIRST APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 16/02/2009, AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: EX.F.A.No.37/2008 2 I.A.No.1729/08 IN EX.F.A.No.37/2008 CLOSED. Sd/- K.PADMANABHAN NAIR (RETD.JUDGE, HIGH COURT OF KERALA) Sd/- K.J.THOMAS STANLEY (RETD.DISTRICT JUDGE) 16/2/2009 TRUE COPY P.A.TO JUDGE JUSTICE K.PADMANABHAN NAIR (RETD. JUDGE, HIGH COURT OF KERALA) AND SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) =============================== Ex.F.A.No.37 of 2008 =============================== Dated this the 16th day of February, 2009 AWARD Appellant and the Manager of the first respondent-bank are present. Their counsel are also present. Both sides submitted that though the property is proclaimed for sale no sale has taken place. Parties agreed that if the appellant pays an amount of Rs.2,00,000/-(Rupees two lakhs only) on or before 30th March 2009, the bank will withdraw the execution petition. It is also agreed that Rs.1,00,000/-(Rupees one lakh only) already deposited by the appellant can be withdrawn by the bank. The balance amount of Rs.1,00,000/-(Rupees one lakh only) will be paid to the bank directly on or before 30th March, 2009. The Ex.F.A is disposed of as settled. It is also agreed that in case the appellant fails to pay off the balance amount as agreed, the bank is entitled to execute the decree. K.PADMANABHAN NAIR (RETD. JUDGE, HIGH COURT OF KERALA) K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) dvs