IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 RFA.No. 287 of 2004() --------------------- ( OS.24/2002 of SUB COURT, TIRUR ) APPELLANTS/DEFENDANTS ----------------------------------------- 1. PALAKKAVALAPPIL KAITHANIYIL MUHAMMED ALIAS BAPPUTTY'S, DAUGHTER AYZHABEEVI, 50 YEARS. 2. KOOTHUPARAMBIL ABDULLA'S SON HAMZAKUTTY, 66 YEARS, TRIPRANGODE AMSOM, KAZHINNIKKARA DESOM, ANAPPADY P.O., TRIPRANGODE, TIRUR TALUK. BY ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE RESPONDENT/ PLAINTIFF ------------------------------------------ KOYAMOIDEENKANAKATH HAMZA, 52 YEARS, S/O.MUHAMMED KUTTY, RAYIRI MANGALAM AMSOM, DESOM, TIRUR TALUK P.O., TANUR. ADV. SRI.K.RAMACHANDRAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. ........................................................................ R.F.A. No. 287 OF 2004 ......................................................................... Dated this the 5th February , 2009 J U D G M E N T Kurian Joseph, J. : This appeal is filed by the defendants in O.S.No. 24 of 2002 on the file of the Sub Court, Tirur. The suit was filed for realisation of money. It was decreed in part, allowing the plaintiff to realise an amount of Rs. 7,00,000/- with interest at the rate of 6% per annum from 11.11.2001. The plaint schedule property was made a charge for the amount. 2. When the appeal came up for consideration before us, we found that the appeal is likely to be settled in mediation. Accordingly, we directed the parties to be present before us. We appointed Adv. Shri Mathew Kuriakose as the mediator. Thanks to the strenuous efforts taken by the learned mediator spending almost a whole day, we find that the parties have settled the dispute through mediation. An agreement dated 04.02.2009 has R.F.A. No. 287 OF 2004 2 been executed which is signed between the parties as well as the counsel on both the sides. The following are the terms of the agreement: 1. Appellants shall pay a sum of Rs. 8,50,000/- (Rupees Eight lakhs fifty thousand only) to the respondent in full and final settlement of the claim of the respondent. 2. Rs.3,00,000/- (Rupees three lakhs only) out of the above mentioned amount shall be paid to the respondent by the appellants within 60 days from today. 3. On receipt of the amount of Rs.3 lakhs, the respondent shall hand over the title deed of the plaint schedule property to the appellants so as to enable them to mortgage the property and raise fund for payment of the balance amount to the respondent. 4. Within a period of 60 days from the date of release of the title deed as mentioned above, the appellants shall make payment of a further sum of Rs.3,00,000/- (Rupees three lakhs only) R.F.A. No. 287 OF 2004 3 to the respondent. 5. The appellant shall make payment of the balance amount of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) within a period of seven months from today. 6. In case of any default, the balance amount payable shall carry interest at the rate of 12% per annum. 2. The appeal is therefore disposed of in terms of the settlement as above. The above terms shall form part of the decree. It is made clear that until the payments are effected as above, the appellants shall not alienate the plaint schedule property 3. In view of the settlement as above, the appellants shall be entitled to refund of one half of the court fee paid in the appeal. Shri Mathew Kuriakose, learned mediator submits that in view of the poor financial condition of the parties, only a nominal fees, payable to him, need to be fixed. We record our appreciation for the sincere efforts taken by the mediator. The R.F.A. No. 287 OF 2004 4 mediator shall be paid an amount of Rs.5,000/- (Rupees five thousand only) towards mediation fee. The said amount shall be shared equally between the parties. The payment as above shall be paid within a period of two weeks from today. KURIAN JOSEPH, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk