IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 RFA.No. 660 of 2009() ------------------------------ OS.875/2005 of PRINCIPAL SUB COURT,THRISSUR .................... APPELLANTS): PLAINTIFF ---------------------------------------- VARGHESE, AGED 54 YEARS, S/O. KUZHAKKAL THRIKKUKKARAN VEETTIL VARAPPAN, MARATHAKKARA VILLAGE, DESOM, THRISSUR TALUK. BY ADVS. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): DEFENDANTS ------------------------------------------------ 1. OUSEPUNNI, S/O. MUTHUKKAN VEETTIL KORATH, PADAVARADU DESOM, OLLUR VILLAGE, THRISSUR TALUK. 2. AMMINI, W/O. OUSEPUNNI, PADAVARADU DESOM, OLLUR VILLAGE, THRISSUR TALUK. R1 & R2 BY ADV. SRI.V.BINOY RAM THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- R.F.A.No.660 OF 2009 ------------------------------------ Dated this the 7th day of June, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. The parties have arrived at a settlement. The said mediation settlement signed by parties and the counsel appearing for them has been placed on record. That is treated as a compromise and the said compromise is recorded. The decree impugned in this appeal dismissing the suit is vacated and in lieu, there will be a decree in terms of the compromise (mediation settlement agreement) which will stand appended to the decree. The attachment on the plaint schedule property will stand lifted and there will be a charge over the property to the extent of the decree in terms of clause 7 of the mediation settlement agreement. The plaintiff will be entitled to execute the decree in terms of clause 4 of the mediation settlement agreement in the event of failure of the RFA.660/09 2 respondent to make payment in terms of the settlement. Refund one half of the court fee. The court below will issue appropriate intimation to the SRO concerned regarding the lifting of the attachment on the application that may be moved by the respondent in that regard. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.7/6.