IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 RSA.No. 1132 of 2004(B) ----------------------------------- [AS.NO.111/2002 OF PRINCIPAL SUB COURT,KOCHI, OS.NO.413/2000 OF PRL.MUNSIFF'S COURT, KOCHI] .................... APPELLANT/APPELLANT/DEFENDANT: -------------------------------------------------------- GEORGE, AGED 45 YEARS, S/O.CHACKO, MADATHIPARAMBIL HOUSE, C.C.20/1821, KOVENTHA, SOUTH KUMBALANGI VAZHI, COCHIN-6. BY ADV. SRI.SHAJI P.CHALY. RESPONDENT/RESPONDENT/PLAINTIFF: ----------------------------------------------------------- JAYA, AGED 40 YEARS, W/O.SASI, CHANIPARAMBIL, SOUTH OF KUMBALANGI VAZHI, COCHIN-6. BY SRI.R.D.SHENOY, SENIOR ADVOCATE, ADV.SRI.S.VINOD BHAT. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.S.A. NO. 1132/2004-B: J U D G M E N T The R.S.A is dismissed for default. 18/05/2010. SD/- P.BHAVADASAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. Prv. HON'BLE MR. JUSTICE V.BHASKARAN NAMBIAR (RETD. JUDGE, HIGH COURT OF KERLA) AND SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) - - - - - - - - - - - - - - - - - - - - - - R.S.A. NO.1132 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 2ND DAY OF SEPTEMBER, 2010 A W A R D Both parties and their counsel are present. This second appeal arises out of a suit for specific performance filed by Mrs.Jaya. The suit was decreed for specific performance by the courts below. 2. Before the Adalat, the parties have settled the matter as per the orders passed earlier. The parties agreed that the decree of specific performance will stand set aside on the appellant paying Rs.60,000/- to the respondent. Rs.50,000/- was paid on 29.07.2010, as recorded by the Adalat. The balance amount of Rs.10,000/- is paid today by Mr.George to Mrs.Jaya in our presence. Therefore, it is agreed by the counsel and the parties that the decree of the courts below directing specific performance will stand set aside. Pursuant to the decree, an assignment deed was executed on behalf of Mr.George by the Principal Sub Court, Kochi in favour of Mrs.Jaya. 3. In view of the fact that the decree stands set aside, the deed executed by court on 05.08.2004 and registered as 4574/04 R.S.A. NO.1132/2004 2 by the Sub Registrar, in pursuance thereof stands automatically set aside as also by virtue of this order. No rights were transferred or conferred under the deed executed by the court when there is no decree of court. 4. The Sub Registrar, Kochi will make a record that in view of the dismissal of the suit in O.S.No.413/2000, on the file of the Munsiff's Court, Kochi there is no effective and valid document registered as 4574/2004 and the same stands nullified by this order. 5. The amount of Rs.20,000/- deposited by Mrs.Jaya will be returned to her or her counsel by the Munsiff's Court, Kochi. Similarly, Rs.10,000/- deposited by Mr.George in the Munsiff's Court will be returned to him. Forward a copy of this order to Sub Registrar, Kochi. Sd/- V.BHASKARAN NAMBIAR (RETD.JUDGE) Sd/- K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) ss/. //True copy// P.A to Judge