BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT : SHRI.M.R.RAJENDRAN NAIR (SR.ADVOCATE) & SMT.K.SREELATHA DEVI(RETD.DIST.JUDGE) MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 34313 of 2009(O) ----------------------- OS.221/2001 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): ------------- JOBY LONAPPAN, AGED 43, S/O. LATE LONAPPAN, PAVARATTIKARAN HOUSE, MANAKODY VILLAGE-DESOM, THRISSUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT: ----------- CHARTERED CAPITAL KURIES (P) LTD., REP. BY ITS CHAIRMAN, POST OFFICE ROAD, THRISSUR-1. ADV. SRI.P.V.CHANDRA MOHAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 08/03/2010, THE ADALAT ON THE SAME DAY DELIVERED THE FOLLOWING: SRI.M.R.RAJENDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SMT.K.SREELATHA DEVI (RETD. DISTRICT JUDGE) - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.34313 OF 2009 - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 8TH DAY OF MARCH, 2010 A W A R D This is a Writ Petition against an order in execution directing delivery of a property in E.P No.45/2004 in O.S.No.221/2001 on the file of Second Additional Sub Court, Thrissur. The parties have arrived at a settlement, according to which, the Writ Petitioner will pay to the respondent decree holder, a total amount of Rs.2,65,000/- (Rupees Two lakhs sixty five thousand only) in full and final satisfaction of the decree. The payment will be made as follows. A sum of Rs.75,000/- (Rupees Seventy five thousand only) will be paid on or before 25.04.2010. Further payments will be made in ten equal instalments of Rs.19,000/- (Rupees Nineteen thousand only), each commenting from 15th May 2010 and each instalment will be paid on or before 15th of every succeeding months. The entire payment will thus be over by 15th February 2011. If any instalment as stipulated above is defaulted, the Writ Petitioner will be liable to pay 6% interest on the defaulted amount till the payment in that behalf is made. If four consecutive instalments are defaulted, if will be open to the decree holder to realize the entire amount by executing the decree. Even without defaulting W.P.(C) NO.34313 /2009 2 four consecutive instalments, finally if any amount is found payable within this arrangement of paying of Rs.2,65,000/- it will be open for the decree holder to realise that defaulted amount only with 6% interest from the date of default. It is also agreed by parties that if Writ Petitioner pays Rs.75,000/- (Rupees Seventy five thousand only) on or before 25th April 2010 and the balance, another sum of Rs.1,64,000/- (Rupees One lakh sixty four thousand only) on or before 25.07.2010. The decree will be taken as fully satisfied and E.P will stand dismissed. M.R.RAJENDRAN NAIR (SENIOR ADVOCATE) K.SREELATHA DEVI (RETD. DISTRICT JUDGE) ss/.