BEFOE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARADAS(RETD. JUDGE) & SHRI K.J.THOMAS STANLEY(RETD.ADDL.DIST.JUDGE) FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 AS.No. 196 of 2000(E) ------------------ OS.50/1994 of SUB COURT, PATHANAMTHITTA ................. APPELLANT(S): ------------ 1. SAINUDEEN, S/O. PILLAKANI RAWTHER, ASSARI PARAMBIL VEEDU, KALLELI, ARUVAPPULAM MURI, ARUVAPPULAM VILLAGE, REPRESENTED BY POWER OF ATTORNEY HOLDER AYISHA BEEVI, NAJEEB MANZIL, KOZHENCHERRY, ARUVAPPULAM. 2.M.BEEVI, W/O. SAINUDEEN, ASSARI PARAMBIL VEEDU, KALLELI, ARUVAPPULAM MURI, ARUVAPPULAM VILLAGE, BY ADV. MR.C.KHALID MR.T.H.ABDUL AZEEZ RESPONDENT(S): ------------- 1. E.S.SKARIAH, AGED 30 YEARS, EETTIMOOTTIL VEEDU, ALSO KNOWN AS EETTIVILAYIL, KALLELI, ARUVAPPULAM MURI, ARUVAPPULAM VILLAGE, 2. E.S.KUNHU KUNHU, FATHER OF E.S.SKARIAH, EETTIMOOTTIL VEEDU, KALLELI,ARUVAPPULAM MURI, ARUVAPPULAM VILLAGE, ADV. MR.K.RADHAKRISHNAN, SENIOR ADVOCATE FOR R1 MR.SAJEEV KUMAR K.GOPAL MR.BINOY VASUDEVAN FOR R1 THIS APPEAL SUITS HAVING COME UP FOR DETERMINATION BEFORE THE LOK ADALAT ON 28/05/2010, THE ADALAT ON THE SAME DAY DELIVERED THE FOLLOWING: THE HON'BLE MR.JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE) AND SRI.P.CHANDRASEKHARA PILLAY (RETD. DISTRICT JUDGE) - - - - - - - - - - - - - - - - - - - - - - A.S NO.196 OF 2000 - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 25TH DAY OF MARCH, 2010 O R D E R We have discussed the case in the presence of parties and their Advocates. After the discussion, a formula has been agreed to by the parties. As per the formula agreed, the plot where the house is situated measuring 5 cents will be foregone by the plaintiff/ purchaser from the suit property. The remaining land on the northern side of the suit property will be given possession to the plaintiff. A pathway running on the eastern side of the house plot (5 cents) leading to the vacant plot of the suit property will also be given by the defendant in exchange of an equal and same extend of land on the norther side of the property, which is intended to be given possession to the plaintiff. It has also been agreed that a toilet standing on the pathway will be demolished and the portion will be annexed to the pathway. Counsel appearing on both sides will visit the property and partitioned the property physically in the presence of the parties. It has also been agreed that an Anjili tree standing in the suit A.S NO.196/2000 2 property will be cut and removed at the expenses of the appellant and other trees standing on the pathway will be cut and removed by the respondents. For recording the settlement, it is posted to 08.04.2010. Sd/- T.K.CHANDRASEKHARA DAS (RETD. JUDGE) Sd/- P.CHANDRASEKHARA PILLAY (RETD. DISTRICT JUDGE) ss/. A.S NO.196/2000 3 THE HON'BLE MR.JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE) AND SRI.P.CHANDRASEKHARA PILLAY (RETD. DISTRICT JUDGE) - - - - - - - - - - - - - - - - - - - - - - A.S. NO.196 OF 2000 - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 8TH DAY OF APRIL, 2010 O R D E R The appeal arises out of a decree for specific performance of a sale agreement dated 06.03.1993. Today counsel appearing on both sides represented that as directed by us in the order dated 25th March 2010, they visited the property and measured out the entire property. The total extent was found to be 15.600 cents. Excluding a Kanikkavanchy, the remaining extent is 15.449 cents. They have also reported that as indicated in our order dated 25.03.2010, they demarcated the extent mentioned in the order. As a part of consideration Rs.15,000/-(Rupees Fifteen thousand only) has been paid by the Ist respondent in appeal to the appellant in our presence and the appellant has received the amount. The balance amount of Rs.15,000/- will be paid at the time of execution of the document. The only thing remaining is to register the document and removal of the toilet and also cutting the Anjili tree. Counsel and parties have submitted that they will carryout the terms of settlement by the reopening of A.S NO.196/2000 4 this Court. For reporting the settlement, post the matter on 28.05.2010. Sd/- T.K.CHANDRASEKHARA DAS (RETD. JUDGE) Sd/- P.CHANDRASEKHARA PILLAY (RETD. DISTRICT JUDGE) ss/. //True copy// P.A to Judge A.S NO.196/2000 5 HON'BLE MR.JUSTICE T.K.CHANDRASEKHARA DAS (RETD.JUDGE) AND SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) - - - - - - - - - - - - - - - - - - - - - - - - - - A.S. NO.196 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 28TH DAY OF MAY, 2010 A W A R D As per the order of the Adalat dated 8th April, 2010, the matter has been practically settled by the parties, accept certain duties to be perform by the parties. They are (1) to register the document (2) to remove the toilet and (3) cutting of the Anjili tree. Counsel appearing for the appellant and Ist respondent Mr.Skariah are present. The parties have reported that the afore mentioned duties have been performed to the satisfaction of all the parties and they have no dispute remaining in this regard. It is further reported that an amount of Rs.55,000/-(Rupees fifty five thousand only) is lying in court deposit in O.S.No.50/1994 in Sub Court, A.S NO.196/2000 6 Pathanamthitta made by the Ist respondent herein and it has been agreed by all parties that the said amount can be withdrawn by the Ist respondent. The order is passed on 8th April, 2010 form part of the award. Accordingly an award is passed. Sd/- T.K.CHANDRASEKHARA DAS (RETD. JUDGE) Sd/- SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) ss/. //True copy// P.A to Judge