BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARA DAS(RETD. JUDGE) AND SHRI. K.J. THOMAS STANLEY (RETD. ADDL. DIST. JUDGE) THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 SA.No. 428 of 1998(A) --------------------- AS.19/1994 of DISTRICT COURT,KOZHIKODE OS.353/1992 of PRINCIPAL MUNSIFF'S COURT, KOZHIKODE-I .................... APPELLANT (1ST APPELLANT/1ST PLAINTIFF) ------------------------------------------------------------------------ ALASSERRI BALAKRISHNAN, S/O. AYYAPPAN NO: 13, “MATHRUBHUMI” SREE NAGAR ESTATE GORAGOAN, BOMBAY BY ADV. SRI.A.P.CHANDRASEKHARAN (SR.) SMT.PRABHA R.MENON RESPONDENTS: (RESPONDENTS & 2ND APPELLANT/DEFENDANTS : ----------------------------------------------------------------------------------------------------------- & 2ND PLAINTIFF) 1. ALASSERRI VELAYUDHAN, S/O. AYYAPPAN – DIED AND RECORDED NAYAR KUZHI NILAM, KOTTOOLI AMSOM AND DESOM KOZHIKODE TALUK – (L.R'S 4 TO 8 IMPLEADED) 2. SAROJINI, W/O. VELAYUDHAN, R/AT -DO- *3. A. ARAVINDAKSHAN, S/O. A. IMBICHI KOTTOOLI AMSOM AND DESOM KOZHIKODE TALUK ADDL. RESPONDENTS : 4. VENUGOPAL S/O. LATE VELAYUDHAN, AGED 46 YRS., RESIDING AT NAYARKUZHI NILAM PARAMBU PARAYANCHERI, MAVOOR ROAD P.O. KUTHIRAVATTOM, KOZHIKODE 5. GEETHAMANI D/O. LATE VELAYUDHAN, AGED 43 YRS. RESIDING AT NAYARKUZHI NILAM PARAMBU PARAYANCHERI, MAVOOR ROAD P.O. KUTHIRAVATTOM, KOZHIKODE 6. MAHADEVAN S/O. LATE VELAYUDHAN, AGED 39 YRS. -DO- 7. KAVITHA D/O. LATE VELAYUDHAN, AGED 36 YRS. -DO- 8. SREENATH S/O. LATE VELAYUDHAN, AGED 30 YRS., -DO- (*THE NAME OF THIRD RESPONDENT IS STRUCK OFF FROM THE PARTY ARRAY AS PER ORDER DT. 26.3.2001 VIDE C.M.P.655/01) RESPONDENT NO:2 IS RECORDED AS THE LEGAL HEIR OF DECEASED RESPONDENT NO:1 SUBJECT TO THE IMPLEADMENT OF OTHER LEGAL HEIRS OF RESPONDENT NO:1 AS PER THE ORDER DT. 25.2.2008 IN I.A. 527/2008. ADDL. RESPONDENTS 4 TO 8 ARE IMPLEADED AS THE LEGAL HEIR OF DECEASED FIRST RESPONDENT AS PER THE ORDER DT. 10/3/2008 IN I.A. 627/2008 BY ADV. SRI.P.V.JYOTHI PRASAD SMT.LISSY DEVASSY SRI.P.V.JYOTHI PRASAD THIS SECOND APPEAL HAVING COME UP FOR DETERMINATION AT LOK ADALAT AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: ORDER ON C.M.P. NO: 1212 OF 1998 IN S.A. NO: 428 OF 1998 CLOSED: 13/3/2008 SD/- T.K.CHANDRASEKHARA DAS RETD.JUDGE, HIGH COURT OF KERALA SD/- K.J.THOMAS STANLEY RETD. ADDL. DISTRICT JUDGE JUSTICE T.K.CHANDRASEKHARA DAS (RETIRED JUDGE, HIGH COURT OF KERALA) AND SHRI.K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- S.A. NO: 428 OF 1998 ------------------------------------------------------------- Dated this the 13th March, 2008. A W A R D Parties and their counsel are present. They have filed an agreement of compromise where all the parties to the dispute and also their counsels signed. Lower court decree is modified to the extent indicated in the agreement of compromise. 2. Both parties agree that if any liability arises in A.S.426/00, will be borne by the appellant in the second appeal. The agreement of compromise will form part of the award. Matter is closed. JUSTICE T.K.CHANDRASEKHARA DAS RETIRED JUDGE, HIGH COURT OF KERALA SHRI. K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj