IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 FAO.No. 310 of 2008() --------------------- AGAINST THE ORDER DATED 19/11/2008 IN IA 5299/2008 IN OS.496/2008 of I ADDL.SUB COURT, THRISSUR .................... APPELLANT/RESPONDENT/DEFENDANT: -------------------- ANTONYS, S/O. RAPPAI, THEKKUMPEEDIKA, HOUSE, THRIKKU VILLAGE, MUKUNDAPURAM, TALUK, THRISSUR DIST. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.N.K.SUBRAMANIAN RESPONDENT/PETITIONER/PLAINTIFF: --------------- KURIAPPAN, S/O. PORINCHU, THEKKUMPEEDIKA HOUSE, THRIKKUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. ADV. SRI.M.K.DILEEP KUMAR P.R. SHAJI MEDIATOR THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------- F.A.O.No.310 of 2008 -------------------------------------------------- Dated this the 12th day of February, 2009 JUDGMENT Kurian Joseph,J. This is an appeal filed challenging the order dated 19-11- 2008 in I.A.No.5299/2008 in O.S.No.496/2008. The appellant is the defendant. The suit is for specific performance. The interlocutory application was filed under Order 40 Rule 1 for appointment of a Receiver. The court below, by the impugned order, appointed the plaintiff (respondent in the appeal) as Receiver attaching a condition that the plaintiff shall pay Rs.10,000/- per month to the defendant. When the matter came up before us we directed the parties to be present before us in order to thrash out the possibility of a settlement. On such appearance the parties were referred to the mediation centre. Advocate P.R.Shaji was appointed as the Mediator. It is reported that the parties have decided to settle the dispute before this court. The parties are also present before this court. It is submitted that the appellant/defendant will continue to run the business in the name and style as Chithira Tiles and he will pay at the rate of Rs.10,000/- to the plaintiff with effect from the month of November 2008. The arrears as on today shall be paid before 31st of March 2009. The monthly F.A.O.No.310 of 2008 -:2:- payments will be made before the 10th of every month. In case the appellant commits default of payment for two consecutive months and also the arrears as above, the appeal shall stand dismissed and the impugned order will stand confirmed. We also make it clear that in case the order is thus revived and the plaintiff commits default of payment it will be open to the defendant to approach the court below for appropriate orders. The fees for the Mediator is fixed at Rs.5,000/-, which shall be shared equally by the parties. (KURIAN JOSEPH, JUDGE) (S.S.SATHEESACHANDRAN, JUDGE) ahg. KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. --------------------------- F.A.O.No.310 of 2008 ---------------------------- JUDGMENT 12th February, 2009