BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : SHRI. S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE ) TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 FAO.No. 255 of 2007() --------------------- AGAINST THE ORDER DATED 25/05/2007 IN EA.2465/06 IN EP.585/04 IN OS.602/1999 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT/PETITIONER/DEFENDANT/JUDGEMENT DEBTOR ----------------------------------------------------------------------------------------------- K N B UNNI, S/O.NARAYANAN NAMBOODIRI, RESIDING AT HARISREE, THIRUVENKIDAM DESOM, GURUVAYOOR AMSOM, CHAVAKKAD TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT: RESPONDENT/PLAINTIFF/DECREE HOLDER ----------------------------------------------- DIVAKARAN UNNI, S/O.P.K.SANKARAN UNNI, PALAYOORMANA, TALAPPILLY TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR DETERMINATION AT LOK ADALAT AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: ORDER ON I.A. NOS: 3219/07 & 1332/08 IN F.A.O. NO: 255 OF 2007 CLOSED: 8/4/2008 SD/- SHRI. S.VENKITA SUBRAMANIA IYER SENIOR ADVOCATE SD/- SHRI. K.J.THOMAS STANLEY RETD. ADDL. DISTRICT JUDGE SHRI. S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- F.A.O. NO: 255 OF 2007 ------------------------------------------------------------- Dated this the 8th April, 2008. A W A R D The appellant and respondent are present. Learned counsel for the appellant and respondent are also present. After discussion for some time parties have agreed to settle the matter in the following manner. 2. The respondent is the auction purchaser and he was the decree holder in the suit also. Sale had been conducted on 9.11.2006. The sale amount was received, Rs.5,73,802/- (Rupees five lakhs seventy three thousand eight hundred and two only). He has incurred expenses of stamp value to the tune of Rs.45,910/- (Rupees forty five thousand nine hundred and ten only) for obtaining the sale certificate. The appeal has arisen from an order dismissing the application to set aside the sale. Taking into consideration all these facts the counsel and parties have been discussing for some time and finally it is agreed that FAO 255/07 -2- in case without any default if the appellant pays Rs. 5 lakhs (Rupees five lakhs only) (this is in addition to Rs.2 lakhs deposited by the appellant in the court) before 31.8.2008 respondent is agreeable to have the sale set aside. It is also agreed that in case default is committed in paying the balance amount of Rs.5 lakhs (Rupees five lakhs only) within 31.8.2008 the appeal will stand dismissed confirming the order passed by the execution court and parties are agreed that the time is fixed and is not liable to be extended hereafter. The respondent- decree holder is free to withdraw the amount of Rs.2 lakhs (Rupees two lakhs only) deposited in court. F.A.O is settled as above. SHRI. S.VENKITA SUBRAMANIA IYER SENIOR ADVOCATE, HIGH COURT OF KERALA SHRI. K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj