BEFORE THE LOK ADALAT ORGANISED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR.JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE) AND BARRISTER SHRI. M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929. MFA.No. 1431 of 2001() ---------------------- ARBITRATION OP.170/1999 of DIST. & SESSIONS COURT, ERNAKULAM .................... APPELLANTS/PETITIONERS 1 & 2/RESPONDENTS 1 & 2/ B PARTIES 1 & 2: ---------------------------------------------------------------------------------------- 1. M/S. VEEPEES ENTERPRISES, NEAR KALIDASA MOVIE HOUSE, NARAKKAL, KOCHI – 682 505, REP. BY ITS MANAGING PARTNER SHRI. KURIAN JOSEPH 2. KURIAN JOSEPH, S/O. LATE JOSEPH THOMAS, PUTHEN ANGADI HOUSE, SUDHALAYAM, NARAKKAL, KOCHI – 682 505 BY ADV. SRI.P.R.VENKETESH RESPONDENTS/RESPONDENT A PARTY & CLAIMANTS/B PARTIES 3 TO 5: ------------------------------------------------------------------- 1. V.P.GEORGE JOSEPH, S/O. LATE JOSEPH THOMAS VALIYAVEETTIL, PUTHEN ANGADI HOUSE, NARAKKAL (NOW RESIDING AT FLAT NO: G2, SOURABH APARTMENTS KACHAPPILLY ROAD, VYTILLA, COCHIN-19 2. ALICE JOSEPH , W/O. LATE JOSEPH THOMAS PUTHEN ANGADI HOUSE, SUDHALAYAM, NARAKKAL KOCHI-682 505 3. JETTU JOSEPH, W/O. LATE JOSEPH THOMAS PUTHEN ANGADI HOUSE, SUDHALAYAM, NARAKKAL KOCHI-682 505 4. MARYKUTTY THOMAS, W/O. THOMAS PUTHEN ANGADI HOUSE, SUDHALAYAM, NARAKKAL KOCHI-682 505, NOW RESIDING AT TRAVANCORE RESIDENCY, MAMANGALAM, EDAPPILLY ADDL. RESPONDENT IMPLEADED 5. V.P. JOSE, AGED 53, S/O. LATE V.P.T. JOSEPH JYOTHIS, NARAKKAL P.O., NARAKKAL, ERNAKULAM DIST. (ADDL. 5TH RESPONDENT IS IMPLEADED WITHOUT PREJUDICE TO THE CONTENTIONS OF THE APPELLANT VIDE ORDER DT. 19.12.2007 ON I.A. 2965/20007) R1 BY ADV. SRI.P.SHRIHARI R2 & 4 BY ADV SHRI. C.P. PEETHAMBARAN R3 BY ADV SHRI. M.R. SABU THIS MISC. FIRST APPEAL HAVING COME UP FOR DETERMINATION AT LOK ADALAT, THE FOLLOWING ORDER IS PASSED : jj JUSTICE P.K.SHAMSUDDIN (RETIRED JUDGE , HIGH COURT OF KERALA) AND BARRISTER M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) ------------------------------------------------------------- M.F.A. NO: 1431/2001 ------------------------------------------------------------- Dated this the 14th February, 2008. O R D E R A Division Bench of this Court passed an order on 27.11.2007 stating that the appellants agreed that one room in the down stairs and six rooms in the upstairs can be given to the contesting respondents in full and final settlement of all claims including his claim in the partnership. It is also stated that contesting respondent submitted that it is difficult for him to occupy those premises as he is now residing in Ernakulam and because of his bad health. The Division Bench further ordered that those properties can be sold by the appellants or any other third party and that amount can be paid to the respondent for settling the disputes between parties. It is admitted that so far those items were not sold by the parties. After discussion, both parties have agreed that Shri. Jobi. A. Pulikkan can be authorised to sell the properties mentioned in the order by the Division M.F.A.1431/01 -2- Bench and pay the proceeds to the 1st respondent. It is submitted that an amount of Rs.4,05,000/- has been deposited in the Sub Court, Cochin by the additional 5th respondent for payment to the 1st respondent which has not been withdrawn so far. The first respondent is free to withdraw this amount. In case he withdraws the amount that amount will be deducted from the total proceeds and paid to the additional fifth respondent. The matter will be posted again for getting consent of Jobi A. Pulikkan, Advocate who is to be authorised for selling the properties. Post on 20.2.2008. Sd/- JUSTICE P.K.SHAMSUDDIN RETIRED JUDGE, HIGH COURT OF KERALA Sd/- BARRISTER SHRI. M.P.RAMACHANDRAN NAIR SENIOR ADVOCATE, HIGH COURT OF KERALA jj