IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 AS.No. 123 of 2003() -------------------- OS.587/1999 of I ADDL.SUB COURT,ERNAKULAM .................... APPELLANT(S): DEFEDANTS 1 TO 3 :- --------------------------------- 1. MIST VALLEY RESORTS PVT LTD, GIRINAGAR, KOCHI-682020 REPRESENTED BY ITS MANAGING DIRECTOR. 2. SHRI.MADHAVAN, MANAGING DIRECTOR, MIST VALLEY RESORTS PVT LTD, GIRINAGAR, KOCHI-682 020. 3. RAMESH, EXECUTIVE DIRECTOR, MIST VALLEY RESORTS PVT LTD, GIRINAGAR, KOCHI-682020. BY ADV. SRI.GEORGE MERLO PALLATH RESPONDENT(S): PLAINTIFF:- -------------------------- N.RAJENDRA PILLAI, S/O.NEELAKANDA PILLAI, AGED 42, 10/2, CENTRAL RESIDENTIAL COMPLEX, KOMBARA, KOCHI-682014. ADV. SRI.T.B.THANKAPPAN SRI.R.GIRISH THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- A.S. No.123 of 2003 ---------------------------------------------- Dated 10th February, 2009. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the defendants 1 to 3 in O.S.587/1999 on the file of the First Additional Sub Court, Ernakulam. The suit is for realization of money. The suit was decreed and hence the appeal. 2. During the pendency of the appeal, having found that the matter is likely to be settled through mediation, we directed the parties to be present before this court. Though initially the attempt did not fructify, at the instance of this court, a second attempt was made. We are happy to note that through the mediation conducted by Adv.Sri.P.R.Shaji(a mediator trained in the training conducted under the auspicious of Supreme Court of India Mediation Committee, High Court of Kerala Mediation Committee, Kerala Judicial Academy and Kerala Legal Services Authority), the matter is settled. The parties have accordingly filed a petition under Order 23 Rule 3 of the Civil Procedure Code, as I.A.468/09. The terms of compromise as stated in the interlocutory application are recorded. The said application will AS NO.123/03 2 form part of the decree. The appeal is disposed of in terms of the compromise as recorded in I.A.468/09. Since the appeal has been thus settled as compromised, the appellant shall be entitled to refund of one half of the court fee. 3. Adv.Sri.P.R.Shaji shall be paid a remuneration of Rs.10,000/-, which will be shared equally by the parties. The amount will be paid to Sri.Shaji through the counsel appearing for the parties, within two weeks. C.M.P.No.1307/03 & I.A.Nos. 3217/08 & 4027/08 : Dismissed. KURIAN JOSEPH, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. tgs KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ ---------------------------------------------- A.S. No.123 of 2003 ---------------------------------------------- J U D G M E N T Dated 10th February, 2009.