BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE) AND SHRI. K.J.THOMAS STANLEY (RETD. ADDL. DISTRICT JUDGE) MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 RFA.No. 25 of 2007() -------------------- OS.462/2004 of II ADDL.SUB COURT,ERNAKULAM .................... APPELLANTS/PLAINTIFFS: --------------------------------------- 1. P.M. VARGHESE, AGED 45 YEARS, S/O. MATHEW, PARAYANTHARA, POONITHURA VILLAGE, PARTNER, M/S. MANAVATTY SILK CENTRE, M.G.ROAD, KOCHI-682 035. 2. P.M. ANTONY, AGED 42 YEARS, S/O. MATHEW, PARAYANTHARA, POONITHURA VILLAGE, PARTNER, M/S. MANAVATTY SILK CENTRE, M.G. ROAD, KOCHI-682 035. BY ADV. SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENTS: DEFENDANTS: ------------------------ 1. MOHAMMED ALI ISMAIL SAIT, AGED 56 YEARS, S/O. ISMAIL MOHAMED KASIM SAIT, 4B, SOUTH AVENUE APARTMENT, MAHAKAVI BHARATHIYAR ROAD, ERNAKULAM. 2. ABDUL SATHAR ISMAIL SAIT, AGED 49 YEARS, S/O. ISMAIL MOHAMED KASIM SAIT, HOUSE NO.34/651 C, THATTARAKKAL PARAMBU, NEAR CIVIL STATION,CALICUT. 3. M. ABDUL NAZAR ISMAIL SAIT, AGED 47 YEARS, S/O. ISMAIL MOHAMED KASIM SAIT,5C FALCON HEIGHTS, SOUTH JANATHA ROAD, PALARIVATTOM, ERNAKULAM. 4. THAHAR ISMAIL SAID, AGED 44 YEARS, S/O.ISMAIL MOHAMED KASIM SAIT,SANGEETHAM APARTMENTS 3C, NEAR SHIPYARD, ATLANTIS, M.G.ROAD, ERNAKULAM, PIN-682 015. 5. DR.KHALID ISMAIL SAIT, AGED 40 YEARS, S/O. ISMAIL MOHAMED KASIM SAIT, C, REGAL ENCLAVE, VAZHAKKALA, THRIKKAKARA, ERNAKULAM. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN THIS REGULAR FIRST APPEAL AGAIN COMING FOR ORDERS BEFORE THE ADALAT, THE FOLLOWING SUPPLEMENTARY AWARD IS PASSED IN TERMS OF SETTLEMENT ORDER ON I.A. NO: 632/08 IN I.A. NO: 180/07 IN R.F.A NO: 25/2007 CLOSED: 24/3/2008 SD/- P.K.SHAMSUDDIN, RETD.JUDGE SD/- K.J.THOMAS STANLEY RETD. ADDL. DIST. JUDGE jj JUSTICE P.K.SHAMSUDDIN (RETIRED JUDGE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- R.F.A. NO: 25 OF 2007 ------------------------------------------------------------- Dated this the 7 th March, 2008. SUPPLEMENTARY AWARD On 24 th March 2008 we passed an award on agreement of both the parties that the respondents will pay a sum of Rs.24 lakhs (Rupees twenty four lakhs only) to the appellants towards full and final settlement of their claims on or before 104.2008. 2. It is now pointed out by the counsel for respondents that the property has been attached in I.A.180/07 in R.F.A.25/07 and it is necessary to make it clear that on payment of the said amount the attachment will be lifted and communicated to the concerned Registrar. Counsel for the appellants submitted that they have no objection to this course. Accordingly there is a direction that on payment of the aforesaid amount of Rs. 24 lakhs (Rupees twenty four lakhs only) to the appellants on or before 10.4.2008 the attachment will be lifted and the matter communicated to the concerned Registrar. RFA 25/07 -2- 3. Learned counsel for the appellants submitted that all the records are in the High Court and they have applied for a certified copy of the document for handing over the same to the respondents on payment of the amount as directed by us. There is a direction to the office of the High Court to issue a certified copy of the document and return the original to the appellants on substitution of the certified copies so obtained by them. Since the matter is urgent as payment has to be made on or before 10.4.2008, we direct the office to release the original on receiving the certified copies of the title deeds of the property concerned. JUSTICE P.K.SHAMSUDDIN RETIRED JUDGE, HIGH COURT OF KERALA SHRI. K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj