BEFORE THE LOK ADALAT ORGANISED BY THE KERALA HAIGH COURT LEGAL SERVICES COMMITTEE PRESENT : BARRISTER SHRI. M.P. RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETD. ADDL. DIST. JUDGE) WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 RFA.No. 160 of 2005() --------------------- OS.55/1997 of SUB COURT, MUVATTUPUZHA .................... APPELLANT/2ND DEFENDANT ---------------------------------------- SOSAMMA ALIAS JOMOL, AGED 31 YEARS, R/AT KOOVAKKATTIL HOUSE KOOTHATTUKULAM KARA & VILLAGE, ERNAKULAM DIST., THROUGH HER POWER OF ATTORNEY HOLDER CHACKO PILLAI, AGED 35, S/O.DANIEL PERUMPARATHAZHATHU HOUSE,KARIMPANA P.O., KOOTHATTUKULAM, PALAKKUZHA VILLAGE, ERNAKULAM DIST BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.ANIL KURIAN THOMAS SRI.SOBHAN GEORGE RESPONDENTS: PLAINTIFF & 1ST DEFENDANT -------------------------------------- 1. MARY, AGED 73 YEARS, W/O.GEORGE, KOOVAKKATTIL, HOUSE NO.IV/816, KOOTHATTUKULAM PANCHAYAT, KOOTHATUKULAM KARA, KOOTHATTUKULAM VILLAGE, MUVATUPUZHA TALUK. 2. THANKAMMA, AGED ABOUT 58 YEARS, D/O.CHACKO, PULICKATHUNDIYIL HOUSE, PUTTADY P.O., ANAKKARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.R.VENKETESH SRI.AJU MATHEW THIS REGULAR FIRST APPEAL HAVING COME UP FOR DETERMINATION AT LOK ADALAT ALONG WITH RFA 160/07 AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: ORDER ON I.A. 844/05 IN R.F.A. NO: 160/05 CLOSED: 13/2/2008 SD/- BARRISTER SHRI. M.P. RAMACHANDRAN N AIR SR. ADVOCATE, HIGH COURT OF KERALA SD/- K.J. THOMAS STANLEY RETD. ADDL. DISTRICT JUDGE jj /TRUE COPY/ P.A. TO JUDGE BARRISTER SHRI. M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- R.F.A. NOS:160/05 & 160/07 ------------------------------------------------------------- Dated this the 13 th February, 2008. A W A R D As directed in the previous Adalat, parties are present. All parties except first respondent and the counsel are present. It is stated that the first respondent could not be present only because she is not keeping well. As agreed in the previous Adalat on 22.1.2008 Smt. Sosamma alias Jomol has received a sum of Rs. 13 lakhs and that she will relinguish all her claims in the plaint schedule property in O.S.60/97 of Sub Court, Muattupuzha. The parties have also produced their compromise deed (agreement) reducing the terms of settlement in writing. In the previous Adalat it was also directed that a receipt of payment of Rs.13 lakhs will also be produced. Since Sosamma alias Jomol has acknowledged receipt of Rs.13 lakhs in the compromise agreement aforementioned, it may not be necessary to insist upon the production of the receipt. R.F.A.Nos: 160/05 & 160/07 -2- 2. It is submitted by counsel for the first respondent that two amounts of Rs.2,05,366/- (Rupees two lakhs five thousand three hundred and sixty six only) and Rs.80,234/- (Rupees eighty thousand two hundred and thirty four only) are lying in deposit before the Subordinate Judge's Court, Muvattupuzha in respect of claims between the parties. Parties agreed that this amount can be withdrawn by the first respondent. 3. The above compromise agreement shall form part of the award and shall be appended to it. Court fee paid shall be refunded to the appellant. The above cases stand settled as per the terms of settlement mentioned above. BARRISTER SHRI. M.P.RAMACHANDRAN NAIR SENIOR ADVOCATE, HIGH COURT OF KERALA SHRI. K.J. THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj