IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 AS.No. 471 of 1997() ----------------------------- OS.109/1989 of ADDL.SUB COURT, KOTTAYAM .................... APPELLANT/PLAINTIFF: ----------------------------------- 1. VARGHESE, S/O.JOSEPH, RESIDING AT THOPPIL HOUSE, THRIKKODITHANAM MURI, DO. VILLAGE, CHANGANACHERRY TALUK. *(DIED) *ADDL. A.2 TO 4 IMPLEADED ADDL. A2: ALIAMMA VARGHESE, W/O.LATE VARGHESE, AGED 75 YEARS, H.NO.72, THOPPIL HOUSE, NIVYA NAGAR, LFC ROAD, KOCHI-17. ADDL. A3: T.V. THOMAS, S/O.LATE VARGHESE, AGED 49 YEARS, DO. DO. ADDL. A4: LEELAMMA JOY, D/O.LATE VARGHESE, AGED 46 YEARS, CHETTALIL HOUSE, BHARANANGANAM P.O., PALA. *LEGAL REPRESENTATIVES OF THE DECEASED SOLE APPELLANT ARE IMPLEADED AS ADDL. APPELLANTS 2 TO 4, AS PER ORDER DATED 20/05/2010 ON I.A.540/2010. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS/DEFENDANTS: --------------------------------------------- 1. M.M. MOHAMMED NAJEEB, SON OF MAITHEEN MERRA, RESIDING AT MEERANCHIPARAMBIL, PERUNNA EAST MURI, CHANGANACHERRY VILLAGE DO. TALUK. 2. SHAHIDA BEEVI, W/O.M.M. MOHAMMED NAJEEB, DO. DO. AS.No. 471 of 1997 **ADDL. R3 AND 4 IMPLEADED ADDL. R3: JOSEPH T.V., AGED 52 YEARS, S/O.LATE VARGHESE, THOPPIL HOUSE, THRIKOCHITHANAM P.O., MUKKATTUPADY, CHANGANACHERRY. ADDL. R4: XAVIER T.V., AGED 49 YEARS, S/O.LATE VARGHESE, DO. DO. DO. **LEGAL REPRESENTATIVES OF THE DECEASED SOLE APPELLANT ARE IMPLEADED AS ADDL. RESPONDENTS 3 AND 4, AS PER ORDER DATED 20/05/2010 ON I.A.540/2010. R1 & R2 BY ADV. SRI.SANTHAN V.NAIR. THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 07/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS.No. 471 of 1997 ORDER ON C.M.P. NO.3732/1997 IN AS NO.471/1997 DISMISSED 07/07/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = A.S. NO. 471 OF 1997 = = = = = = = = = = = = = = = Dated this the 7th day of July, 2010. J U D G M E N T Parties have amicably settled the matter and counsel for both the sides submitted before me that the defendant in the suit had agreed to pay a consolidated sum of Rs.1,00,000/- towards the claim in the suit and the plaintiff has relinquished his right to get specific performance of the contract. Since both the counsel have assured about the settlement, I am acting on the strength of the same and passing a decree as follows. The judgment and decree of the trial Court are set aside and a decree is passed as follows. The plaintiff is given a decree for realisation of Rs.1,00,000/- from the defendant and the defendant is liable to pay the said amount within a period of one month from today failing which the plaintiff will be entitled to realise the said amount with 6% interest from today from the defendant A.S. 471 OF 1997 -2- personally as well as from his assets. Refund of half Court fee is allowed. Parties are directed to bear their respective costs. The counter claim in the suit also is disposed of as settled. M.N. KRISHNAN, JUDGE. ul/- A.S. 471 OF 1997 -3- M.N. KRISHNAN, J. = = = = = = = = = = A.S. No. 471 OF 1997 = = = = = = = = = = = J U D G M E N T 7th July, 2010.