BEFORE THE LOK ADALATH ORGANISED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE V.BHASKARAN NAMBIAR (RETD.JUDGE) & THE HONOURABLE MR. JUSTICE T.V.RAMAKRISHNAN (RETD.JUDGE) FRIDAY, THE 25TH MAY 2007 / 4TH JYAISHTA 1929 RFA.No. 181 of 2005() --------------------- OS.462/2000 of SUB COURT, PALAKKAD .................... APPELLANTS/DEFENDANTS ---------------- 1. R.USHA, W/O.LATE PARAMESWARAN EZHUTHACHAN, POOVAKKODE HOUSE, KIZHAKKETHARA, MUDAPPALLUR, VANDAZHI VILLAGE, ALATHUR TALUK. 2. SUMITHA, D/O.LATE PARAMESWARAN EZHUTHACHAN, -DO- -DO- 3. SUNITHA, D/O.LATE PARAMESWARAN EZHUTHACHAN, -DO- -DO- BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.BOBBY MATHEW KOOTHATTUKULAM RESPONDENT/PLAINTIFF: ------------- SUSEELA D/O.LATE PARAMESWARAN EZHUTHACHAN, KALLEMUCHIKKAL HOUSE, THENUR P.O., PALAKKAD TALUK AND DISTRICT. BY ADV. SRI.V.RAJAGOPAL SRI.K.N.CHATHUKUTTY THIS REGULAR FIRST APPEAL HAVING COME UP FOR DETERMINATION AT LOK ADALATH AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS SETTLEMENT. JUSTICE V. BHASKARAN NAMBIAR (RETIRED JUDGE, HIGH COURT OF KERALA) & JUSTICE T.V. RAMAKRISHNAN (RETIRED JUDGE, HIGH COURT OF KERALA) --------------------------- R.F.A.No.181 OF 2005 -------------------------- Dated this the 25th day of May, 2007 A W A R D The first appellant and respondent and counsel for both sides present. This appeal arises out of a suit for partition in which the plaintiff had been given a decree for 1/4th share. The parties have settled the dispute as follows: The plaintiff will be entitled to 1/4th share out of the total extent of the property and 3/4th share will remain with the appellants. The building occupied by the appellant Smt. R.Usha and her daughters will be allotted to them. It is also agreed that Smt. R.Usha and her daughters will pay Rs.50,000/- (Rs.Fifty thousand only) to the respondent within three months from today. Meanwhile, the Village Officer of Vandazhi village will inspect, measure and prepare a plan of the property and showing the plot allotted to the plaintiff and other sharers in accordance with the above directions. The parties will produce a memorandum of settlement and the plan before the court for appropriate orders and for refund of court fee. Issue copy to the parties. JUSTICE V.BHASKARAN NAMBIAR (RETIRED JUDGE, HIGH COURT OF KERALA) JUSTICE T.V. RAMAKRISHNAN (RETIRED JUDGE, HIGH COURT OF KERALA) ps