IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 RFA.No. 363 of 2008 ------------------------- OS.176/2006 of SUB COURT,KOZHIKODE .................... APPELLANT/DEFENDANT: ----------------------------- OLAKKAL RAJAN, S/O.SUKUMARAN, 46 YEARS, BUSINESS, 'ANANDAM' HOUSE, CHERUVANNUR AMSOM DESOM MODERN ROAD, PO. KOLATHARA KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.RAFFEEKH.K SRI.K.V.PAVITHRAN RESPONDENT/PLAINTIFF: ------------------------------ T.P.ANILKUMAR, S/O.KRISHNAN 43 YEARS, WORKING IN GULF, NAYANAM HOUSE KUTTANGARAM, VATAKARA TALUK, VILLYAPPILLI AMSOM, MAYYANNOOR DESOM KOZHIKODE DISTRICT. ADV. SRI.M.G.ASHOKAN FOR R1 SRI. V. CHITAMBARESH, MEDIATOR. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. -------------------------------------------- R.F.A. No. 363 OF 2008 -------------------------------------------- Dated this the 31st day of October, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the defendant in O.S.No.176/2006 on the file of the Sub Court, Kozhikode. The suit is one for specific performance. The suit was decreed. When the appeal came up before us, we directed the parties to be present before us in order to thrash out the possibility of mediation. Accordingly, we sought the assistance of learned senior counsel Sri.Chidhambaresh. It is heartening to note that the parties have reached a settlement and a memo of compromise also has been filed. The memo dated 31.10.2008 setting out the terms of compromise is recorded. 2. The appeal is disposed of as settled between the parties. The memo dated 31.10.2008 will form part of the decree. In view of the settlement, it is made clear that the R.F.A. No. 363/08 2 liability of the appellant shall only be for one half of the court fee payable in the appeal. Though the learned senior counsel graciously submitted before us that he does not require any remuneration, since valuable time has been spent by him as mediator for a few hours, we feel that it is only appropriate that atleast a nominal remuneration is fixed. Accordingly, we fix the mediator's fee as Rs.5,000/- (Rupees five thousand only) which will be shared equally between the parties. The amount shall be paid directly to the learned mediator within a period of one week and a memo to that effect will be filed. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp R.F.A. No. 363/08 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. R.F.A. No. 363 OF 2008 J U D G M E N T 31.10.2008