IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 FAO.No. 100 of 2008 ------------------------- AGAINST THE ORDER DATED 15/02/2008 IN IA.5714/07 IN OS.754/2007 of PRL.SUB COURT,TRIVANDRUM .................... APPELLANTS/PLAINTIFFS: ------------------------------- 1. SHREE VIDYADHIRAJA VIDYA SAMAJAM, EAST ALUMMOOD BUNGALOW, CHETTIKKULANGARA, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, T.P. SANKARANKUTTY NAIR. 2. DR. T.P. SANKARAN KUTTY NAIR, S/O. DAMODARAN PILLAI, GANGA BHAVAN, T.C.26/1910, G.P.O. LANE, THIRUVANANTHAPURAM. BY ADV. SRI.P.SANTHALINGAM (SR.) SRI.SANTHAN V.NAIR RESPONDENT/DEFENDANT: --------------------------------- P.N. KRISHNA PILLAI, S/O.NARAYANA PILLAI SOUPARNIKA ALUMMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM. ADV. SRI.S.KRISHNAMOORTHY FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. -------------------------------------------- F.A.O. No. 100 OF 2008 -------------------------------------------- Dated this the 3rd day of October, 2008. J U D G M E N T Sankaran, J. This F.A.O is filed by the plaintiffs in O.S.No.754/2007 on the file of the Principal Sub Court, Thiruvananthapuram challenging the order dated 15.02.2008 in I.A.No.5714/2007. The court below has disposed of the application along with another application in another set namely, O.S.No.727/2007. 2. When this appeal was taken up for consideration, the parties were directed to appear. The parties appeared. Advocate Sri.M.S.Narayanan was appointed as Mediator. At the intervention of the Mediator, it is reported that there was some sort of settlement between the parties. An affidavit dated 02.10.2008 sworn to by Sri.P.N.Krishna Pillai is filed in the case. In the light of the facts stated in the affidavit filed by Sri.Krishna F.A.O. No. 100/08 2 Pillai, it is submitted that the matter requires a fresh look by the court below. Sri.Krishna Pillai is present before this Court. It is agreed by the counsel appearing for all the parties that the matter requires a reconsideration by the court below in the light of the affidavit dated 02.10.2008 filed by Sri.Krishna Pillai. 3. Accordingly, the order impugned in so far as it relates to I.A.No.5714/2007 in O.S.No.754/2007 is set aside. The court below shall dispose of the matter afresh after hearing all the parties and after taking into account the affidavit dated 02.10.2008 filed by Sri.Krishna Pillai. 4. In view of the settlement as above, Sri.Krishna Pillai and Sri.Krishnamoorthy, counsel appearing for Sri.Krishna Pillai pray that Sri.Krishna Pillai may be permitted to withdraw the counter affidavit dated 26.07.2008. The parties have no objection. Therefore, the same is permitted to be withdrawn. We find that the learned Mediator has spent several hours on several days to make an attempt for an amicable settlement of the disputes. Therefore, we are of the view that the learned Mediator should be properly remunerated. We fix a nominal fee F.A.O. No. 100/08 3 for the Mediator at Rs.15,000/- (Rupees fifteen thousand only). We direct the appellants to pay the fees. The appeal is disposed of as above. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp F.A.O. No. 100/08 4 KURIAN JOSEPH & K.T. SANKARAN, JJ. F.A.O. No. 100 OF 2008 J U D G M E N T 03.10.2008