BEFORE THE LOK ADALAT ORGANISED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE M.M.PAREED PILLAY(RETD.CHIEF JUSTICE) & THE HONOURABLE MR. JUSTICE M.R.HARIHARAN NAIR (RETD.JUDGE) THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 RSA.No. 678 of 2003(E) ---------------------- AS.84/2000 of DISTRICT COURT, THRISSUR OS.1861/1997 of PRL.MUNSIFF COURT,THRISSUR .................... APPELLANT/1ST APPELLANT/7TH DEFENDANT: ------------------ AMMU, THIRUMBATTIL HOUSE, POONKUNNAM DESOM, THRISSUR VILLAGE. (DIED, 5TH RESPONDENT TRANSPOSED AS ADDL. APPELLANT) SOLE APPELLANT DIED. 5TH RESPONDENT TRANSPOSED AS ADDL.APPELLANT VIJAYAN, THIRUVAMBATTIL HOUSE, NEW GARDEN, 4TH AVENUE, AYYANTHOLE, THRISSUR. (SOLE APPELLANT DIES. 5TH RESPONDENT TRANSPOSED AS ADDL.APPELLANT AS PER ORDER DT.14.11.2007 ON I.A.NO.1951/2007) BY ADV. SRI.G.UNNIIKRISHNON RESPONDENTS/RESPONDENTS & 2ND APPELLANT/PLAINTIFFS & ----------------------- DEFENDANTS 1 TO 6,8,9,10,12,13: 1. GOPALAN, HOUSE NO.1/48, THOTTAKKATTUKARA, ALUVA TALUK. 2. RANIPRIYA, -DO- -DO- 3. BINDU, -DO- -DO- RSA.NO.678/2003 4. KRISHNAKUMAR, -DO- -DO- 5. VIJAYAN, THIRUVAMBADY HOUSE, THOTTEKAT LANE, POONKUNNAM, THRISSUR. (TRANSPOSED AS ADDL.APPELLANT) 6. RADHAKRISHNAN, -DO- -DO- 7. MOHAN, -DO- -DO- 8. BALAKRISHNAN, -DO- -DO- 9. BABY @ KARTHYAYANI, -DO- -DO- 10. SANTHA, SREENARAYANAPURATH HOUSE, SREENARAYANAPURAM DESOM, VILLAGE, PANANGAD P.O., KODUNGALLUR. 11. C.K. SIVARAMAN, PUNKUNNAM VILLAGE, DESOM, THRISSUR TALUK. 12. C.K. LEELA, W/O. MADHAVAN, ARATTUPUZHA VILLAGE, DESOM, THRISSUR TALUK. 13. THANKA, W/O. VALLOOR K.P. KUNCHAPPU, MANALOOR DESOM, VILLAGE, THRISSUR TALUK. 14. RADHA, CHIRAYATH, KOORKANCHERY DESOM, KOORKANCHERY VILLAGE, THRISSUR. 15. C.K. SAROJINI, THIRUVAMBADY HOUSE, THOTTEKAT LANE, POONKUNNAM, THRISSUR. BY ADV. SRI.J.OM PRAKASH THIS REGULAR SECOND APPEAL HAVING COME UP FOR DETERMINATION AT LOK ADALAT ALONG WITH RSA NO. 107 OF 2004 AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT. JUSTICE M.M.PAREED PILLAY (RETIRED CHIEF JUSTICE, HIGH COURT OF KERALA) & JUSTICE M.R.HARIHARAN NAIR (RETIRED JUDGE, HIGH COURT OF KERALA) --------------------------- R.S.A.Nos.678 OF 2003 & 107 OF 2004 -------------------------- Dated this the 24th day of January, 2008 A W A R D Parties and their counsel are present. After discussions, R.S.A.Nos.678/2003 and 107/2004 have been settled on the following terms: 2. Appellant in R.S.A.No.678/2003 agreed to pay a total sum of Rs.26,00,000/- (Rs. Twenty six lakhs only) in full and final settlement of all the claims of the appellants in R.S.A.No.107/2004. The appellants in R.S.A.No.107/2004 agreed to receive the amount in full and final settlement of all their claims raised in the two cases. 3. The sum of Rs. 26,00,000/- (Rs. Twenty six lakhs only) will be paid through cheques drawn in the name of the 1st appellant in R.S.A.No.107/2004 for and on behalf of all the other appellants in the said case who are the plaintiffs in the suit. The RSA.Nos.678/2003 & 107/2004 2 cheques will be handed over by the counsel for the appellant in R.S.A.No.678/2003 to the counsel for the appellants in R.S.A.No.107/2004 and that will not be post dated cheques. 4. The 1st cheque for Rs.5,00,000/- (Rs. Five lakhs only) will be handed over as above on or before 30.4.2008; a further sum of Rs.8,00,000/- (Rs. Eight lakhs only) will be paid on or before 31.7.2008; a further amount of Rs. 8,00,000/- (Rs. Eight lakhs only) will be paid on or before 31.10.2008 and the last cheque for Rs.5,00,000/- (Rs. Five lakhs only) will be paid on or before 31.1.2009. 5. If default is committed in the payment of cheques or any of the cheque bounces for want of money in the bank, the drawer will be entitled to recover the amount with interest at the rate of 10% from the date of cheque till date of payment in execution of this award from the plaint schedule property and from the drawee. 6. In case there is failure on the part of the appellants in R.S.A.No.107/2004 to receive the cheques or any of them in full and final settlement of all the claims as mentioned above the appellant in R.S.A.No.678/2003 will deposit the respective RSA.Nos.678/2003 & 107/2004 3 amounts on the due dates before the trial court and that will be treated as full and final settlement of the claims in O.S.No.1861/1997 of Munsiff Court, Thrissur and no further claims would be made by the appellants in R.S.A.No.107/2004 and the decree in O.S.No.1861/1997 of the Munsiff's Court, Thrissur will be treated as fully discharged. There will be no further claim by any parties in the above suit with respect to the plaint schedule property/properties. The Regular Second Appeals are settled as above. JUSTICE M.M.PAREED PILLAY (RETIRED CHIEF JUSTICE, HIGH COURT OF KERALA) JUSTICE M.R.HARIHARAN NAIR (RETIRED JUDGE, HIGH COURT OF KERALA) ps