Santhosh @ Manoj vs Mariyamma on 20 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RFA.No. 637 of 2009()


1. SANTHOSH @ MANOJ,
                      ...  Petitioner

                        Vs



1. MARIYAMMA,
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :SRI.DINESH MATHEW J.MURICKEN

The Hon'ble MR. Justice V.BHASKARAN NAMBIAR (RETD.JUDGE)
SMT.K.SREELATHA DEVI (RETD. DIST.JUDGE)

 Dated :20/07/2010

 O R D E R

THE HON’BLE MR.JUSTICE V. BHASKARAN NAMBIAR
(RETD. JUDGE)
AND
SMT.K.SREELATHA DEVEI
(RETD. DISTRICT JUDGE)

– – – – – – – – – – – – – – – –

R.F.A. NO.637 OF 2009

– – – – – – – – – – – – – – – – – – – – –

DATED THIS THE 20TH DAY OF JULY, 2010

A W A R D

Appellant and his counsel are present.

Mrs.Mariamma, the respondent is also present. We are

told that a property has been sold in court auction and

Mrs.Mariamma is the decree holder, the sale is posted

for confirmation. Meanwhile, the parties are prepared

to settle their dispute as follows.

Today the appellant will pay to the respondent

Rs.1,00,000/-(Rupees One lakh only). On or before

22.09.2010, the appellant will pay a further sum of

Rs.3,00,000/-(Rupees Three lakhs only), on or before

20.10.2010, the appellant will pay a further sum of

Rs.1,25,000/-(Rupees One lakh twenty five thousand

only) in full and final settlement for setting aside

the sale. Appellant has handed over today in our

presence, issued a cheque for Rs.1,00,000/-, bearing

cheque No.049889 drawn on the South India Bank,

Thrissur. Mrs.Mariamma has accepted the cheque. If the

R.F.A.NO.637/2009
2

amounts are not paid on or before due dates, the sale

will stand confirmed.

It is agreed that, the sale in favour of decree

holder Mrs.Mariamma will not be confirmed till further

order.

Issue copy of this order to the Principal Sub

Court, Thrissur in O.S. No.647/2003. On payment of the

entire amount, the sale will stand set aside and the

court fee paid will be refunded to the appellant. When

the entire amount is paid, the amount paid by the

respondent towards stamp paper for effecting court sale

will be returned.

Post on 22.09.2010.

Sd/-

V. BHASKARAN NAMBIAR
(RETD. JUDGE)

Sd/-

K.SREELATHA DEVEI
(RETD. DISTRICT JUDGE)

ss/.

//True copy//

P.A to Judge