IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat Appeal No. 294 of 2006()
1. L.VIMALA, D/O.LAKSHMIBHAI,
... Petitioner
Vs
1. DR.K.X.JOSEPH, S/O.XAVIER,
... Respondent
For Petitioner :SRI.V.V.SURENDRAN
For Respondent :SRI.MANJERI SUNDERRAJ
The Hon'ble MR. Justice M.M.PAREED PILLAY(RETD.CHIEF JUSTICE)
The Hon'ble MR. Justice M.R.HARIHARAN NAIR (RETD.JUDGE)
Dated :06/07/2007
O R D E R
JUSTICE M.M.PAREED PILLAY (RETD. CHIEF JUSTICE, HIGH COURT OF
KERALA) &
JUSTICE M.R.HARIHARAN NAIR (RETD. JUDGE, HIGH COURT OF
KERALA)
MAT. APPEAL NOs.294 OF 2006 & 295 of 2006
---------------------------------------------
Dated this the 6th day of July, 2007
AWARD
Appellant, Respondent and their counsel are present. As regards
the partition sought for by the wife, it is agreed that the property and the
building shall be given to the Appellant absolutely through registration of
an appropriate release deed by the Respondent on payment of Rs.8 Lakhs
by the appellant to the respondent within a period of 6 months from this
date. In case the amount is not paid within the said period the appellant
shall be bound to pay interest at 10% per annum on the defaulted amount
also with effect from 7.1.2008. The release deed shall be executed within
a period of one month from the date on which Rs.8 Lakhs is tendered as
above. If there is failure on the part of the respondent to accept the money
tendered by the appellant and to execute the release deed, it is open to the
appellant to execute this award on deposit of the sum of Rs.8 Lakhs (less
any amount already paid on this count) before the execution court and to
seek registration of an appropriate conveyance through court.
2. It shall be the responsibility of the respondent to get eviction
of his tenant in occupation of the building and to surrender the same to the
Mat.Appeal Nos.294/2006 &
295/2006 -2-
Appellant so that the appellant will get absolute possession of the property
and the building as and when release deed is executed. Court Fee paid by
the appellant will be refunded.
MAT. APPEAL NO.295 of 2006
In view of the settlement in Mat. Appeal No.294/2006, the
Mat.Appeal No.295/2006 is not pressed. Court Fee paid by the appellant
will be refunded.
Mat. Appeals are disposed of as above.
M.M.PAREED PILLAY
(RETD. CHIEF JUSTICE, HIGH COURT OF KERALA)
M.R.HARIHARAN NAIR
(RETD. JUDGE, HIGH COURT OF KERALA)
jp
? IN THE HIGH COURT OF KERALA AT ERNAKULAM
+Mat Appeal No. 294 of 2006()
#1. L.VIMALA, D/O.LAKSHMIBHAI,
... Petitioner
Vs
$1. DR.K.X.JOSEPH, S/O.XAVIER,
... Respondent
! For Petitioner :SRI.V.V.SURENDRAN
^ For Respondent :SRI.MANJERI SUNDERRAJ
*Coram
The Hon'ble MR. Justice M.M.PAREED PILLAY(RETD.CHIEF JUSTICE)
The Hon'ble MR. Justice M.R.HARIHARAN NAIR (RETD.JUDGE)
% Dated :06/07/2007
: O R D E R
JUSTICE M.M.PAREED PILLAY (RETD. CHIEF JUSTICE, HIGH COURT OF
KERALA) &
JUSTICE M.R.HARIHARAN NAIR (RETD. JUDGE, HIGH COURT OF
KERALA)
MAT. APPEAL NOs.294 OF 2006 & 295 of 2006
———————————————
Dated this the 6th day of July, 2007
AWARD
Appellant, Respondent and their counsel are present. As regards
the partition sought for by the wife, it is agreed that the property and the
building shall be given to the Appellant absolutely through registration of
an appropriate release deed by the Respondent on payment of Rs.8 Lakhs
by the appellant to the respondent within a period of 6 months from this
date. In case the amount is not paid within the said period the appellant
shall be bound to pay interest at 10% per annum on the defaulted amount
also with effect from 7.1.2008. The release deed shall be executed within
a period of one month from the date on which Rs.8 Lakhs is tendered as
above. If there is failure on the part of the respondent to accept the money
tendered by the appellant and to execute the release deed, it is open to the
appellant to execute this award on deposit of the sum of Rs.8 Lakhs (less
any amount already paid on this count) before the execution court and to
seek registration of an appropriate conveyance through court.
2. It shall be the responsibility of the respondent to get eviction
of his tenant in occupation of the building and to surrender the same to the
Mat.Appeal Nos.294/2006 &
295/2006 -2-
Appellant so that the appellant will get absolute possession of the property
and the building as and when release deed is executed. Court Fee paid by
the appellant will be refunded.
MAT. APPEAL NO.295 of 2006
In view of the settlement in Mat. Appeal No.294/2006, the
Mat.Appeal No.295/2006 is not pressed. Court Fee paid by the appellant
will be refunded.
Mat. Appeals are disposed of as above.
M.M.PAREED PILLAY
(RETD. CHIEF JUSTICE, HIGH COURT OF KERALA)
M.R.HARIHARAN NAIR
(RETD. JUDGE, HIGH COURT OF KERALA)
jp