BEFORE THE LOK ADALATH ORGANISED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE) AND SHRI K. J.THOMAS STANLEY (RETD.ADDL.DIST.JUDGE) MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 RFA.No. 26 of 2007() -------------------- OS.472/2005 of SUB COURT, ERNAKULAM .................... APPELLANT/DEFENDANT: --------------------------- LEELAMMA KURIEN, WIFE OF K.K.KURIEN, RESIDING AT KUTTIARAKKADIYIL HOUSE, POTHANIKAD KARA, POTHANIKKADU P.O., POTHANIKADU VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SHRI.T.M.RAMAN KARTHA RESPONDENT/PLAINTIFF: ----------------------- THOMAS MATHAI, SON OF K.T.MATHAI, EMPLOYED IN CHICAGO IN USA, KARINGADA HOUSE, COCHIN UNIVERSITY P.O., NJALAKAMKARA, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.K.C.CHARLES THIS REGULAR FIRST APPEAL HAVING COME UP FOR DETERMINATION AT LOK ADALAT AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: ORDER IN I.A. 1532/08 & I.A. 184/07 CLOSED 7.4.2008 SD/- P.K.SHAMSUDDIN, RETIRED JUDGE SD/- SHRI.K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE /TRUE COPY/ P.A. TO JUDGE JP JUSTICE P.K.SHAMSUDDIN (RETIRED JUDGE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- R.F.A. NO: 26 OF 2007 ------------------------------------------------------------- Dated this the 7th April, 2008. A W A R D The parties and their counsel are present. Learned counsel on both sides submitted that they have finally settled all matters. They have filed a compromise petition. It is stated that the appellant has assigned in favour of the respondent ½ undivided plaint schedule property as per sale deed No: 1367/2008 of S.R.O., Edappally and the respondent has no further claim for plaint schedule property on the basis of the decree granted by the trial court. It is also agreed that in view of the settlement there is no necessity to continue the appeal or to sustain the decree challenged in the appeal and both parties agreed that the above appeal as well as O.S.472/2005 on the file of the Principal Sub Court, Ernakulam may be struck off from the file. Accordingly the matter is settled on agreement in terms of the compromise petition filed by the parties. The entire court fee RFA 26/07 -2- paid on the memorandum of appeal will be refunded to the appellant. The compromise petition will form part of the award. Appeal is settled as above. JUSTICE P.K.SHAMSUDDIN RETIRED JUDGE, HIGH COURT OF KERALA SHRI. K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj