BEFORE THE LOK ADALAT ORGANISED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE M.R.HARIHARAN NAIR (RETD.JUDGE) & SRI. K. J.THOMAS STANLEY(RETD.ADDL.DIST.JUDGE) FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Mat.Appeal.No. 551 of 2007() --------------------------- AGAINST THE ORDER DATED 29/03/2007 IN IA 1418,1419/2006 IN OS.195/2003 of FAMILY COURT,KOLLAM .................... APPELLANT/ PETITIONER/ DEFENDANT: ------------------ KURIKESHMUTHALAI @ KURIAN, KANAKAKUNNIL VEEDU, VALAYODE, ELAMADU, KOTTARAKKARA WORKING AT FAHAD BOOK STORE, MARKAZ-AL-WASIM, FARIYAN STREET, RIYADH, K.S.A. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT/ PLAINTIFF: ----------------------- MARIYAMMA, PUTHODE PUTHEN VEEDU, MALAYARAKKAL, CHERIYAVELINALLOOR MURI, VELINALLOOR VILLAGE, KOTTARAKKARA. BY ADV. SRI.K.SANIL KUMAR SRI.K.BABU (VETTAKALAYIL) THIS MATRIMONIAL APPEAL HAVING COME UP FOR DETERMINATION AT LOK ADALAT AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT. M.R.HARIHARAN NAIR (RETIRED JUDGE, HIGH COURT OF KERALA) & SRI.K.J.THOMAS STANLEY (RETIRED ADDITIONAL DISTRICT JUDGE) --------------------------- MAT.APPEAL.NO.551 OF 2007 -------------------------- Dated this the 11th day of January, 2008 A W A R D Appellant's power of attorney holder and counsel are present. Respondent also present in person. After discussions the matter was settled on the following terms. i) The appellant will pay a sum of Rs.1,19,000/- (Rs. One lakh nineteen thousand only) to the respondent on or before 1st June, 2008. ii) The respondent will execute a release of her rights over 5 cents of land mentioned in the gift deed executed by the appellant's mother at the expense of the appellant. This document will be executed in favour of the appellant's power of attorney holder as the respondent's mother in law has subsequently executed a conveyance of her rights over the property to him after cancelling the gift in favour of the respondent. The amount of Rs.1,19,000/- (Rs. One lakh nineteen thousand only) will be handed over to the respondent at the time of execution and registration of the release deed as mentioned above. In case there is failure on the part of the appellant to comply with the terms of this settlement, the respondent will be free to execute the decree and the appeal will be treated as dismissed. In case the appellant is ready to pay the sum of Rs.1,19,000/- (Rs.One lakh nineteen thousand only) and there is refusal on the part of the respondent to execute the release deed the appellant and his power of attorney holder will be free to execute this award and get the release of the property through Trial court. The appellant agrees that he shall take up the entire liability for repaying the amounts due to the panchayat pursuant to the subsidy availed by the respondent from the panchayat. If by any chance, the appellant fails to comply with this assurance, the respondent shall be free to recover the amounts from the appellant in execution of this award after settling the dues due to the panchayat. M.R.HARIHARAN NAIR (RETIRED JUDGE, HIGH COURT OF KERALA) SRI.K.J.THOMAS STANLEY (RETIRED ADDITIONAL DISTRICT JUDGE) ps