BEFORE THE LOK ADALAT ORGANISED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE M.M.PAREED PILLAY (RETD.CHIEF JUSTICE, HIGH COURT OF KERALA) & SRI K.J.THOMAS STANLEY(RETD.DIST.JUDGE) MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 FAO.No. 15 of 2008() -------------------- AGAINST THE ORDER DATED 20/11/2007 IN EA 390/06 IN EP 112/04 IN OS.68/1998 of ADDL.SUB COURT, ALAPPUZHA .................... APPELLANT/PETITIONER/JUDGMENT DEBTOR: -------------------------------------------------- H.NASSAR, S/O.HASSAN BAVA, ATHIPARAMBIL HOUSE, VELLAKKINAR WARD, ALAPPUZHA. BY ADV. SRI.ANIL K.NARENDRAN SRI.S.MURUGAN RESPONDENTS/CR.PETITIONERS/DECREE HOLDER & AUCTION PURCHASER: ------------------------------------------------------------------------------------ 1. STATE BANK OF INDIA, CIVIL STATION WARD, ALAPPUZHA, REP. BY ITS MANAGER. 2. RAJA GOPAL.N., DHANALAKSHMI BUILDING, CHURCH ROAD, ALAPPUZHA. BY ADV. SRI.K.ANAND (A.201) FOR R2 SMT.LATHA KRISHNAN FOR R2 SRI.K.K.CHANDRAN PILLAI FOR R1 SRI.SAJI SANKARAN NAIR FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR DETERMINATION AT LOK ADALAT ON 07/07/2008 AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: F.A.O.No.15/2008 2 I.A.No.250/2008 IN F.A.O.No.15/2008 CLOSED Sd/- 07/07/2008 M.M.PAREED PILLAI, ( RETD.CHIEF JUSTICE, HIGH COURT OF KERALA) Sd/- K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) TRUE COPY P.A.TO JUDGE M.M.PAREED PILLAY (RETD.CHIEF JUSTICE,HIGH COURT OF KERALA) & K.J.THOMAS STANLEY (RETD.DISTRICT JUDGE) =========================== F.A.O. No.15 of 2008 ============================ Dated this the 7th day of July, 2008 AWARD All the parties and their counsel are present. The matter has been settled in the following terms: The second respondent has agreed to settle the matter on receipt of total amount of Rs.3.15 lakhs. Out of that Rs.1,00,000/- which has already been deposited by the appellant as per orders passed in the appeal will be withdrawn by the second respondent. The Bank has agreed to forgo Rs.15,000/- out of Rs.2,15,100/- which is the sale price deposited in the execution proceedings. Rs.15,000/- will be withdrawn by the second respondent. The balance amount Rs.2,00,100/- can be withdrawn by the first respondent-bank. The stamp paper value can be withdrawn by the second respondent who has deposited it. The balance amount of Rs.2,00,000/- out of Rs.3.15 lakhs, will be paid by the appellant to the second respondent within three months from today, failing which the second respondent shall F.A.O.No.15/2008 2 redeposit Rs.1.15 lakhs and the stamp duty charges and the sale will stand confirmed and the appeal will stand dismissed. If the condition is complied with fully, the sale shall stand set aside. Post on 7.10.2008, for compliance. M.M.PAREED PILLAY (RETD.CHIEF JUSTICE,HIGH COURT OF KERALA) K.J.THOMAS STANLEY (RETD.DISTRICT JUDGE) dvs