BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT: THE HONOURABLE MR. JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE, HIGH COURT OF KERALA) & THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARADAS (RETD. JUDGE, HIGH COURT OF KERALA) TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 RFA.No. 320 of 2008() --------------------- OS.658/2006 of SUB COURT,ERNAKULAM .................... APPELLANT/PLAINTIFF: -------------------------- SREEDEVI.K.MENON, W/O.M.MANOJ KUMAR, FORMERLY RESIDING AT SREENILAYAM, NOW RESIDING AT 5/762, MALAMEL HOUSE, NEAR EVER READY GODOWN, EDAPPALLY TOLL, EDAPPALLY-680 024, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SRI.NELSON J.MANAYIL SRI.IGNATIOUS PHILIP SRI.P.T.GIRIJAN RESPONDENT/DEFENDANT: ------------------------------ SMT.RAJAMMA, W/O.KRISHNANKUTTY MENON, RESIDING AT "SREENILAYAM", NEAR MAY FLOWER APARTMENT, MAMANGALAM KARA, NORTH JANATHA ROAD, P.O.PALARIVATTOM, ERNAKULAM, KANAYANNUR TALUK. BY ADV. SRI.K.SANIL KUMAR THIS REGULAR FIRST APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 29/07/2008 AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: R.F.A.No.320/2008 2 I.A.No.2109/2008 IN R.F.A.No.320/2008 CLOSED Sd/- P.K.SHAMSUDDIN (RETD.JUDGE, HIGH COURT OF KERALA) Sd/- T.K.CHANDRASEKHARA DAS (RETD.JUDGE, HIGH COURT OF KERALA) 29/07/2008 TRUE COPY P.A.TO JUDGE JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE, HIGH COURT OF KERALA) AND JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) =================================== R.F.A.No.320 of 2008 =================================== Dated this the 29th day of July, 2008 AWARD Both counsel have submitted that the parties have settled the matter. Parties are also present. The short case of parties are set out here. The defendant had executed a gift deed No.1499/03 of SRO Edappally relating to the property measuring 3.390 cents in Survey No.166/9A of Edappally South Village in Thandaper No.28915. The case of the plaintiff is that the gift has taken effect and mutation was done in respect of the property. In the meantime, it appears that the defendant has cancelled the said registered document No.4407/1/06 of SRO Edappally dated 21.8.2006. The suit is filed for cancellation of the document dated 21.8.2006. The suit was dismissed by the court below and the appeal is directed against that dismissal of the suit. 2. After the discussion between the parties we are told that they have settled the dispute. As per terms of settlement R.F.A.No.320.2008 2 they have agreed that there can be a decree granting prayer No.1 in the plaint - a decree of cancelling the cancellation deed No.4407/01/06 dated 21.8.2006 of SRO Edappally executed by the defendant. They have also agreed that the costs directed to be paid by the lower court to the defendant also can be waived. We therefore, pass an award in terms of what is stated above and there shall be a decree of cancelling the cancellation deed No.4407/1/06 dated 21/08/2006 of SRO Edappally. The Court fee paid by the appellant is directed to be refunded. The R.F.A is settled as above. P.K.SHAMSUDDIN (RETD. JUDGE, HIGH COURT OF KERALA) T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) dvs