BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) AND SHRI K. J.THOMAS STANLEY (RETD. DIST.JUDGE) THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 SA.No. 270 of 2001() -------------------- AS.284/1993 of ADDL.DISTRICT COURT, KOTTAYAM OS.490/1988 of ADDL.M.C., KOTTAYAM .................... APPELLANTS/APPELLANTS/DEFENDANTS 1 TO 5: ----------- 1. CHELLAPPAN, S/O.NARAYANAN, RESIDING AT PARIYATH KIZHAKKETHIL, MEEADOM KARA IN MEENADOM VILLAGE, KOTTAYAM DISTRICT. 2. ULAHANNAN, S/O.JOSEPH, RESIDING AT UMBUKKATTUKUNNEL HOUSE, MEENADOM KARA, MEENADOM VILLAGE, KOTTAYAM DISTRICT. 3. APPUKUTTAN, S/O.AYYAR, RESIDING AT MAILADIL HOUSE, MEENADOM KARA, MEENADOM VILLAGE, KOTTAYAM DISTRICT. 4. KUTTAPPY, S/O.CHANDY, RESIDING AT KALARIKKAL HOUSE, MEENADOM KARA, MEENADOM VILLAGE, KOTTAYAM DISTRICT. 5. RAJU, S/O. NARAYANAN, RESIDING AT KALARIKKAL KUNNEL HOUSE, MEENADOM KARA, MEENADOM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.O.V.MANIPRASAD SA.No. 270/2001 -2- RESPONDENTS/RESPONDENTS/PLAINTIFFS 1 TO 5: ------------- 1. T.K.KALLYANIAMMA, W/O.NARAYANA ASSARI, RESIDING AT KALARICKAL KUNNEL HOUSE, MEENADOM KARA, MEENADOM VILLAGE. 2. K.N.JANARDHANAN ASSARI, S/O.NARAYANAN ASSARI, RESIDING AT KALARICKEL KUNNEL HOUSE, MEENADOM KARA, MEENADOM VILLAGE. 3. K.N.PURUSHOTHAMAN ASSARI, S/O.NARAYANAN ASSARI, RESIDING AT KALARICKEL KUNNEL HOUSE, MEENADOM KARA, MEENADOM VILLAGE. 4. SANTHAMMA, W/O.PRABHAKARAN, RESIDING AT VAZHAYIL HOUSE, KURICHY KARA, KURICHY VILLAGE. 5. K.N.RUGMINI, W/O.REGHUVARAN, RESIDING AT PUTHUKKATTU CHIRAYIL, MANTHANAM KARA, KUNNAMTHANAM VILLAGE. BY ADV. SRI.MATHEW JOHN (K) FOR R1,2,4 &5 SRI.BABY THOMAS THIS SECOND APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH ALONG WITH CRP NO. 3149 OF 2000 AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF THE SETTLEMENT: JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) AND SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) ----------------------------------------------- S.A. No. 270 of 2001 & C.R.P. No.3149 of 2000 ----------------------------------------------- Dated this the 12th day of June, 2008 AWARD The counsel for the respondent is present. Parties are also present. The counsel for the respondent submitted that the parties have settled the matter. 2. S.A. No.270 of 2001 arose out of the judgment in O.S. No.490 of 1988 and A.S. No.284 of 1993 of the courts below. The suit is for recovery of possession and in the initial stage, the trial court decreed the suit. Appeal filed against the decree as A.S. No.284 of 1993 was dismissed. Against that second appeal has been filed. In an ancillary proceedings, in violation of the injunction order in O.S. No.490 of 1988 by I.A. No.1936 of 1989, the appellants in S.A. No.270 of 2001 were punished by sentencing for the civil imprisonment. Against this punishment C.R.P. No.3149 of 2000 was filed and the punishment was stayed by this Court. It is in these factual matrix, it has been reported that the matter has been settled between the parties. S.A. No. 270/2001 & C.R.P. No.3149/2000 -2- 3. It has been reported that the parties have agreed to dismiss the suit O.S. No.490 of 1988 on the file of Munsiff Court, Kottayam and all the ancillary proceedings including the order in I.A. No 1936/89 has to be dismissed. It has also been reported that for closing of these matters, the plaintiffs in O.S. No.490/1988 have been paid an amount of Rs.15,000/- in lieu of the right in the suit property. This settlement has been recorded and the matter is closed as settled. Sd/ JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) Sd/- SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) jp /True Copy/ P.A. to Judge