IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Ex.SA.No. 7 of 2010() --------------------- E.A.No.89/2008 IN E.P.11/2008 IN OS.231/1999 of MUNSIFF COURT,HARIPAD AS.119/2009 of ADDL. DISTRICT COURT-II, MAVELIKKARA .................... APPELLANT/APPELLANT/COUNTER PETITIONER IN E.A./OBSTRUCTOR ------------------------------------------------------------------------------------------------------- SAFARA BEEVI,PALLATHERIL THEKKETHIL, CHINGOLI MURI, CHINGOLI VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.V.SUNIL KUMAR (PANACHAMOODU) SRI.JAWHAR HAMID RESPONDENT: RESPONDENT/PETITIONER IN E.A./DECREE HOLDER ------------------------------------------------------------------------------------------------ AISHA SALUHUDEEN, EACE COTTAGE, VETTIWENI MURI, KARTHIKAPPALLY VILLAGE. SRI.ANIL K.NARENDRAN THIS EXECUTION SECOND APPEAL HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Ex.S.A. No. 7 OF 2010 =========================== Dated this the 9th day of August,2011 JUDGMENT Respondent is the decree holder in O.S.231/1999 on the file of Munsiff Court, Harippad. E.P.11/2008 was filed in execution of the decree. The decree was for specific performance of the agreement for sale. After a sale deed was executed and property was sought to be taken delivery, appellant caused obstruction based on the decree in O.S.244/1999 on the file of Munsiff Court, Harippad. Respondent then filed E.A.89/2008, a petition under Rule 97 Order XX1 of Code of Civil Procedure to remove the obstruction. Learned Munsiff allowed the application and directed delivery of the property. Appellant challenged the judgment before District Court, Mavelikkara in A.S.119/2009. Learned Additional District Ex.S.A.7/2010 2 Judge dismissed the appeal. Second appeal is filed challenging the said decree. 2. Appellant and the respondent together filed a memo stating that they have settled the disputes and respondent, the decree holder in O.S.231/1999 has agreed to relinquish all her rights obtained under the decree and appellant had agreed to pay Rs.3 lakhs and respondent already received Rs.3 lakhs from the appellant and therefore respondent relinquished all her rights under the decree in O.S.231/1999. They jointly sought disposal of the appeal in terms of the settlement. The memo is signed by both the appellant and the respondent and their counsel. The appeal is therefore disposed in terms of the memo recording that appellant and respondent have settled the disputes and on receipt of Rs.3 lakhs from the appellant, respondent/decree holder in O.S.231/1999 has relinquished her right under the decree in O.S.231/1999. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006