BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT: SRI.R.D.SHENOY (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI K.J.THOMAS STANLEY(RETD.DISTRICT JUDGE) TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 RFA.No. 808 of 2008(C) ---------------------- OS.451/2007 of PRINCIPAL SUB COURT,NORTH PARAVUR .................... APPELLANT/PLAINTIFF: -------------------------- CELIN, D/O.OUSEPH UNNI, ODATHAKKAL HOUSE, THUNDATHUMKADAVUKARA, VARAPPUZHA VILLAGE, PARAVOOR TALUK. BY MR.M.P.ASHOK KUMAR,ADVOCATE RESPONDENT/DEFENDANT: ----------------------------- SHERLY, S/O.ANTONY, ODATHAKKAL HOUSE, THUNDATHUMKADAVUKARA, VARAPPUZHA VILLAGE, PARAVOOR TALUK. BY MR.A.MOHAMED MUSTAQUE,ADVOCATE FOR R1 MR.K.R.AVINASH (KUNNATH),ADVOCATE FOR R1 ADV. SMT.M.A SOHARA(MEDIATOR) THIS REGULAR FIRST APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 31/03/2009, AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: R.F.A.No.808/2008 2 I.A.No.5109/2008 IN R.F.A.No.808/2008 CLOSED. Sd/- R.D.SHENOY (SENIOR ADVOCATE, HIGH COURT OF KERALA) Sd/- K.J.THOMAS STANLEY (RETD.DISTRICT JUDGE) 31/03/2009 TRUE COPY P.A.TO JUDGE SRI.R.D.SHENOY (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) =================================== R.F.A.No.808 of 2008 =================================== Dated this the 31st day of March, 2009 AWARD This appeal is sent before this Adalat today(31.03.2009) by the Court in as much as the matter is reported to be almost settled through the Mediator Adv.M.A.Sohara. Counsel for both parties are present before us. Parties are also present. It is reported that they have settled the issues between them. Instead of return of the advance amount as ordered by the trial court, the parties have chosen to specifically perform the sale of the plaint schedule property. That settlement is recorded. We are also told that the assignment deed is already registered after measurment on receiving consideration. In view of this submission the settlement is recorded and it is further agreed between them that no executable decree is necessary. In view of the settlement, the court fee shall be refunded to the appellant. R.D.SHENOY (SENIOR ADVOCATE, HIGH COURT OF KERALA) K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) dvs