BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE FRIDAY, THE 1ST DECEMBER 2006/ 10TH AGRAHAYANA, 1928 PRESENT: THE HONOURABLE MR.JUSTICE P.A.MOHAMMED (RETD. JUSTICE, HIGH COURT OF KERALA) & THE HONOURABLE MR.JUSTICE M.R.HARIHARAN NAIR (RETD. JUSTICE, HIGH COURT OF KERALA) AS.No. 438 of 2001(D) --------------------- OS.19/1991 DATED 11.2.2000 of SUB COURT, MAVELIKKARA .................... APPELLANTS/DEFENDANTS: ----------- 1. P.K.MURALEEDHARAN, PANAYANNAMURIYIL, KOTTARKAVU, MAVELIKKARA 2. C.P.ANIL KUMAR, CHERUSSERIL, MAHADEVIKADU, KARTHIKAPPALLY. 3. R.SUGATHAN, KIZHAKKEPANAYANNAMURIYIL, KOTTARKAVU, MAVELIKKARA. 4. K.K.MOHANAN, KARINGATTIL PUTHEN VEEDU, ANGADICAL, CHENGANNUR. BY ADV. SRI.K.K.CHANDRAN PILLAI RESPONDENT/PLAINTIFF: ------------- K.P.KARTHIKEYAN, KACHIYIL PUTHEN VEEDU, PEROORKARANMA, CHARUMOODU. BY ADV. SRI.RASHEED C.NOORANAD SRI.G.GOPAKUMAR (CHERTHALA) THIS APPEAL SUIT HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH ALONG WITH WP(C) NO.28678 OF 2004 AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF THE SETTLEMENT: P.A.MOHAMMED (RETD. JUDGE) & M.R.HARIHARAN NAIR (RETD. JUDGE) A.S. No. 438 OF 2001 & W.P.(C) No.28678 OF 2004 ------------------------------------------------------------------------- Dated this the 1st day of December, 2006 A W A R D P.A.MOHAMMED (Rtd. Judge) The above Writ petition is filed by the respondent in A.S.No.438 of 2001. Amounts are due to the petitioner in the writ petition under an award and money is due from him to the Respondents in the Writ Petition as per the decree of O.S.No.19/91 of the Sub Court, Mavelikkara which is the subject matter of A.S.No. 438/01. The parties, after discussions, have settled their difference in both cases as per the following terms: a) After setting off the dues covered by the award mentioned in WP(C) No.28678/04, a sum of Rs.40,000/- (Rupees Forty thousand only) will be paid by the appellants in A.S. No.438 of 2001 to the respondent therein within a period of 45 days from this date. b) In case of failure to pay the said sum of Rs.40,000/- within the period of 45 days, the respondent (decree holder in O.S.19/91) will be entitled to AS NO.438/01 & WP(C) NO.28678/04 -2- recover the amount of Rs.40,000/- with interest at 6% per annum by executing this award. Parties agree to suffer costs in both proceedings. Both cases are disposed of as above. P.A.MOHAMMED (RETD. JUDGE) M.R.HARIHARAN NAIR (RETD. JUDGE) jp