BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT: SRI.N.K.BALAKRISHNAN (DISTRICT JUDGE) & SRI K.J.THOMAS STANLEY(RETD.DISTRICT JUDGE) THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 RFA.No. 447 of 2003(C) ---------------------- OS.7/1999 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT/2ND DEFENDANT: --------------------------------- PATRISHIA EUGINE W/O. EUGUINE HERBERT, T.C.NO.30/1012, MOSQUE LANE, PETTAH P.O., THIRUVANANTHAPURAM. BY MR.V.N.ACHUTHA KURUP, SENIOR ADVOCATE MR.K.HARILAL, ADVOCATE RESPONDENTS: PLAINTIFF AND 1ST DEFENDANT: ------------------------------------------------------ 1. HERBERT SCHAFLLER S/O. H.SCHAFLLER, GARUDA'S CLIFF HOUSE, V.M.C. NO.XXIII/348, WEST JANARDHANA TEMPLE ROAD, VARKALA VILLAGE, THIRUVANANTHAPURAM DISTRICT. HAILING FROM I.N.G. THOMMEN STR 4 A 6020, INNSBRUCK-AUSTRIA. 2. EUGINE HERBERT S/O. HERBERT THOMAS, ADVOCATE, T.C.NO. 32/1763, B.S.ROAD, PATTAH ALSO HAVING T.C.NO. 30/1012, MOSQUE LANE PATTAH, THIRUVANANTHAPURAM. BY MR.K.G.RANGANATH,ADV. FOR R2 MR.R.ANILKUMAR,ADV. FOR R1 MR.P.VIJAYAKUMAR,ADV. FOR R1 THIS REGULAR FIRST APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 05/02/2009, AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: SRI.N.K.BALAKRISHNAN (DISTRICT JUDGE) AND SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) =============================== R.F.A.No.447 of 2003 =============================== Dated this the 5th day of February, 2009 AWARD Plaintiff and counsel are present. Both defendants and their counsel are also present. Both sides have agreed that there shall be a modified decree to the effect that the second respondent shall execute the sale deed in respect of the plaint schedule property in favour of the plaintiff within ten days from today. It is agreed that the cost of execution and registration of the sale deed will be borne by the plaintiff himself. The sale consideration is fixed to be shown as Rs.10,97,000/-(Rupees ten lakh ninety seven thousand). It is also agreed that the criminal case filed by the plaintiff against the defendants now pending before the Judicial First Class Magistrate Court, Varkala as C.C.No.1282/2006 will be compounded after seeking permission of that court. An Award is passed accordingly. Court fee paid on the appeal memorandum can be refunded to the appellant-(second defendant). N.K.BALAKRISHNAN (DISTRICT JUDGE) K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) dvs