IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WA.No. 2462 of 2008 --------------------- AGAINST THE JUDGEMENT IN WPC.36219/2008 Dated 10/12/2008 .................... APPELLANT/PETITIONER: --------------------------- JOSE.L.J, S/O.M.JOSEPH, AGED 38 YEARS, NELLIVILA HOUSE, KUNNAPUZHA, ARAMADA.P.O, TRIVANDRUM-32. BY ADV. SRI.KOSHY GEORGE SRI.BRIJESH MOHAN RESPONDENTS/RESPONDENTS: ----------------------------------- 1. KERALA FINANCIAL CORPORATION, REP;BY ITS MANAGING DIRECTOR, VELLAYAMBALAM, THIRUVANANTHAPURAM-695O33. 2. THE DISTRICT MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033. 3. SHINES INDIA(P)LTD, P.O.BOX 5,SHINES TOURIST HOTEL, PANDALAM, REP"BY ITS MANAGING DIRECTOR. R1 & R2 BY ADV. SRI.S.SREEKUMAR,SC,KERALA FINANCIAL CORPN. R3 BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2462 OF 2008 and I.A.No.222 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of March, 2011 JUDGMENT Antony Dominic, J. Aggrieved by judgment dated 10.12.2008 in W.P.(C) No.36219 of 2008, this writ appeal has been filed. 2. The controversy is in relation to 12.80 cents of land situated in Kowdiar Village and the building therein, mortgaged by the 3rd respondent to respondents 1 and 2. In the judgment under appeal, the learned Single Judge directed that the documents mortgaged by the 3rd respondent Company be returned to them, rejecting the claim of the appellant that he is entitled to have the entire documents returned to him. It is against the said judgment, the appeal has been filed. 3. During the pendency of the appeal, the dispute between the appellant and the 3rd respondent has been settled and a compromise agreement entered into between the parties has been produced before this Court as Annexure D along with WA No. 2462 of 2008 -:2:- I.A.No.222 of 2011. We extract the said compromise as follows: “The appellant and the 3rd respondent in the above case have hereby resolved their dispute and have reached an amicable settlement in respect of the above case. The appellant and the 3rd respondent had entered into agreement dated 03.05.07 regarding sale of property in Sy.No.2239/D-1, 2239/D-1-1, 2239/D1-2, 2239/d-1-3, 2239/D-4, 2239/D-1-4 of Kowdiar Village having an extent of 12.800 cents with a Multi storied building situated therein and also propertyin Sy. No.2239/a- 5-1 and 2239/a-5-2 of Kowdiar Village having an extent of 4.322 cents. The parties have executed sale deed in respect of the 4.322 cents. But the title deed of the above 12.800 cents and 4.322 cents are with the Kerala Financial Corporation. Since the parties have amicably settled their disputes, the 3rd respondent in the above writ appeal hereby agree and has no objection in Kerala Financial Corporation releasing the title deeds and all related documents in the custody of Kerala Financial Corporation with regard to the property mentioned above to the appellant in the above writ appeal.” 4. In the light of the said compromise and in view of the fact that liability due to the KFC has been dicharged WA No. 2462 of 2008 -:3:- and they had expressed their willingness before the learned Single Judge to return the documents, we direct that on the production of a copy of this judgment before respondents 1 and 2, they shall return the documents, pertaining to the property mentioned in the aforesaid compromise between the parties, to the appellant herein. The Writ Appeal is disposed of as above. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb