IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Mat.Appeal.No. 52 of 2004() --------------------------- OP.NO.826/1997 OF FAMILY COURT,THIRUVANANTHAPURAM. .................... APPELLANT/RESPONDENT: ---------------------------------------- B. RADHAKRISHNAN POTTI, CHARTERED ACCOUNTANT, T.C.XII/601 (1), KAVERI, MIRANDA JN., KUNNUKUZHI, THIRUVANANTHAPURAM. BY ADVS. SMT.MEENA.A., MR.R.RAJESH R.KORMATH, SMT.SANJANA R.NAIR, MR.JAYKAR.K.S, MR.RAHUL VARMA, MR.V.S.ROBIN, SMT.PREETHY KARUNAKARAN. RESPONDENT/PETITIONER: ----------------------------------------- G. SUBHADRA DEVI, D/O. GOPALAKRISHNAN POTTI, SWATHI, T.C.3233 (5), VANCHIYOOR, THIRUVANANTHAPURAM. BY ADVS. SMT.K.KUSUMAM, SMT.SHAMMY VIJAYAN. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. R.BASANT & M.C. HARI RANI,JJ ============================== MAT APPEAL NO. 52 OF 2004-E ============================ DATED THIS THE 14TH DAY OF DECEMBER 2009 JUDGMENT Basant,J. This appeal is directed against a money decree passed by the Family Court directing the appellant to pay amounts to the respondent. During pendency of this appeal, the parties have settled their outstanding disputes. The other connected appeals have already been disposed of in terms of the settlement. In this appeal also, the parties have settled their disputes. It is prayed that this appeal may now be allowed. The impugned order may be set aside directing the court below to release the amount of Rs.1,56,500/- which is in deposit before the court below to the respondent herein. It is submitted that there are some technical reasons that make it impossible for the respondent to get release of the amount straight away as the said deposit has lapsed. Steps have been taken to cure the said MAT APPEAL NO. 52/2004 -2- defect and to ensure that the respondent gets the said amount of Rs.1,56,500/- available in deposit released to her. We accept the joint request made by the counsel. 2. In the result: 1) The I.A. No. 3770 of 2009 is allowed and the compromise reached between the parties is accepted. 2) In accordance with the terms of the compromise, this appeal is allowed and the impugned order is set aside. 3) The joint compromise statement dated 14.12.2009 shall be annexed to this appellate decree. 4) The amount of Rs.1,56,500/- which is available in deposit before the Family Court shall be released to the respondent by the Family court at the earliest R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. MAT APPEAL NO. 52/2004 -3- R.BASANT & M.C. HARI RANI,JJ ============================== MAT APPEAL NO. 52 OF 2004-E ============================ DATED THIS THE 11TH DAY OF NOVEMBER 2009 ORDER Basant,J. The learned counsel for both sides submit that the disputes between the parties have all been settled and the connected appeals have today been dismissed as not pressed. In this appeal it is submitted that the parties have agreed that the appellant shall pay an amount of Rs.5,46,983/- (Rupees five lakhs forty six thousand nine hundred and eighty three only) in addition to the amount of Rs.1,56,000/- (Rupees one lakh and fifty six thousand only) which is available in deposit before the Family Court and which amount, it is agreed, can be withdrawn by the respondent-wife. Counsel pray that time may be granted to them to ensure that the payment of Rs.5,46,983/-is made and a joint statement is filed in this matter. The request for time MAT APPEAL NO. 52/2004 -4- made by both parties is accepted. 2. As agreed by both sides, a further direction is issued that the amount of Rs.1,56,000/- which is lying in deposit before the court below can forthwith be released by the Family Court to the respondent herein. 3. Handover a copy of this order to the learned counsel for the respondent. 4. Call on 14-12-2009. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. MAT APPEAL NO. 52/2004 -5-