IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 AS.No. 241 of 2001() -------------------- OS.838/1995 of ADDL.SUB COURT, PALAKKAD .................... APPELLANTS/PLAINTIFFS: ------------------ 1. A. KUMARAN NAIR, S/O.GOVINDAN NAIR, (DIED) 2. A. KALLYANI, W./O.A. KUMARA NAIR. SUPPL. 3. A. GEETHA SREE KUMARAN, D/O.LATE A. KUMARAN NAIR. '' 4. A. SASI KUMAR, S/O. LATE A. KUMARAN NAIR, '' 5. A. MADAVAN, S/O.LATE A. KUMARAN NAIR. ALL ARE RESIDING AT ARIMBRA HOUSE, KUNNATHURMEDU, KUNNANUR AMSOM, PALAKKAD TALUK. (Legal representatives of deceased lst appellant are impleaded as supplemental appellants 3 to 5 as per order dated 10/7/09 in IA.No.2192/09). BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.KRISHNA PRASAD. S SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT/DEFENDANT: ------------------- GANESAN ALIAS P.K. KANTHASWAMY, S/O.P.K. KRISHNASWAMY, RESIDING AT NEAR SREEKRISHNA TEMPLE, KUNNATHURMEDU, KUNNANUR AMSOM, PALAKKAD TALUK. ADV. SRI.H.SIVARAMAN FOR R SRI.S.M.UNNIKRISHNAN FOR R THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Learned counsel appearing for the appellants and respondent reported that the matter is settled out of court. The settlement is recorded and the appeal stands closed. 21st May, 2010 Sd/- Harun-Ul-Rasid, Judge. HARUN-UL-RASHID,J. -------------------------- A.S.NO.241 OF 2001 -------------------------- JUDGMENT 21st May, 2010 HARUN-UL-RASHID,J. -------------------------- A.S.NO.241 OF 2001 -------------------------- DATED THIS THE 15TH DAY OF JANUARY, 2010 O R D E R Appellants, respondent and their counsel are present. I have talked to the parties. The parties agreed to settle the dispute. Accordingly, the defendant in the suit agreed to execute the sale deed in favour of the 2nd plaintiff or her nominee. As per the terms of settlement, the plaintiffs agreed to pay an amount of Rs.18,00,000/- (Rupees eighteen lakhs) towards additional sale consideration. There is a dispute regarding the extent of property. As per the agreement in question, the extent of property is 9.1 cents. The learned counsel for the respondent submitted that the actual extent is only 7.7 cents. The adjoining property also belongs to the defendant. If the extent is lesser, it is agreed that the sale deed can be executed for an extent of 8.5 cents by adding some portions of the adjoining property. The defendant also agreed to execute the sale deed on or before -2- A.S.No.241/2001 31/3/2010 on receipt of Rs.18,00,000/- (Rupees eighteen lakhs). Post the case on 26/3/2010 in chambers at 1.30 p.m. Part-heard. HARUN-UL-RASHID, JUDGE. kcv. -3- A.S.No.241/2001 HARUN-UL-RASHID,J. -------------------------- A.S.NO.241 OF 2001 -------------------------- O R D E R 15TH JANUARY, 2010