IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA No. 678 of 2003(E)
1. AMMU, THIRUMBATTIL HOUSE,
... Petitioner
Vs
1. GOPALAN, HOUSE NO.1/48,
... Respondent
2. RANIPIRIYA, DO. DO.
3. BINDU, DO. DO.
4. KRISHNAKUMAR, DO. DO.
5. VIJAYAN, THIRUVAMBADY HOUSE,
6. RADHAKRISHNAN, DO. DO.
7. MOHAN, DO. DO.
8. BALAKRISHNAN, DO. DO.
9. BABY @ KARTHYAYANI, DO. DO.
10. SANTHA, SREENARAYANAPURATH HOUSE,
11. C.K. SIVARAMAN, PUNKUNNAM VILLAGE,
12. C.K. LEELA, W/O. MADHAVAN,
13. THANKA, W/O. VALLOOR K.P. KUNCHAPPU,
14. RADHA, CHIRAYATH, KOORKANCHERY DESOM,
15. C.K. SAROJINI, THIRUVAMBADY HOUSE,
For Petitioner :SRI.G.UNNIIKRISHNON
For Respondent :SRI.J.OM PRAKASH
The Hon'ble MR. Justice M.M.PAREED PILLAY(RETD.CHIEF JUSTICE)
The Hon'ble MR. Justice M.R.HARIHARAN NAIR (RETD.JUDGE)
Dated :24/01/2008
O R D E R
JUSTICE M.M.PAREED PILLAY
(RETIRED CHIEF JUSTICE, HIGH COURT OF KERALA)
&
JUSTICE M.R.HARIHARAN NAIR
(RETIRED JUDGE, HIGH COURT OF KERALA)
—————————
R.S.A.Nos.678 OF 2003 & 107 OF 2004
————————–
Dated this the 24th day of January, 2008
A W A R D
Parties and their counsel are present. After discussions,
R.S.A.Nos.678/2003 and 107/2004 have been settled on the
following terms:
2. Appellant in R.S.A.No.678/2003 agreed to pay a total
sum of Rs.26,00,000/- (Rs. Twenty six lakhs only) in full and final
settlement of all the claims of the appellants in
R.S.A.No.107/2004. The appellants in R.S.A.No.107/2004 agreed
to receive the amount in full and final settlement of all their
claims raised in the two cases.
3. The sum of Rs. 26,00,000/- (Rs. Twenty six lakhs only)
will be paid through cheques drawn in the name of the 1st
appellant in R.S.A.No.107/2004 for and on behalf of all the other
appellants in the said case who are the plaintiffs in the suit. The
RSA.Nos.678/2003 & 107/2004 2
cheques will be handed over by the counsel for the appellant in
R.S.A.No.678/2003 to the counsel for the appellants in
R.S.A.No.107/2004 and that will not be post dated cheques.
4. The 1st cheque for Rs.5,00,000/- (Rs. Five lakhs only)
will be handed over as above on or before 30.4.2008; a further
sum of Rs.8,00,000/- (Rs. Eight lakhs only) will be paid on or
before 31.7.2008; a further amount of Rs. 8,00,000/- (Rs. Eight
lakhs only) will be paid on or before 31.10.2008 and the last
cheque for Rs.5,00,000/- (Rs. Five lakhs only) will be paid on or
before 31.1.2009.
5. If default is committed in the payment of cheques or
any of the cheque bounces for want of money in the bank, the
drawer will be entitled to recover the amount with interest at the
rate of 10% from the date of cheque till date of payment in
execution of this award from the plaint schedule property and
from the drawee.
6. In case there is failure on the part of the appellants in
R.S.A.No.107/2004 to receive the cheques or any of them in full
and final settlement of all the claims as mentioned above the
appellant in R.S.A.No.678/2003 will deposit the respective
RSA.Nos.678/2003 & 107/2004 3
amounts on the due dates before the trial court and that will be
treated as full and final settlement of the claims in
O.S.No.1861/1997 of Munsiff Court, Thrissur and no further
claims would be made by the appellants in R.S.A.No.107/2004
and the decree in O.S.No.1861/1997 of the Munsiff’s Court,
Thrissur will be treated as fully discharged. There will be no
further claim by any parties in the above suit with respect to the
plaint schedule property/properties.
The Regular Second Appeals are settled as above.
JUSTICE M.M.PAREED PILLAY
(RETIRED CHIEF JUSTICE, HIGH COURT OF KERALA)
JUSTICE M.R.HARIHARAN NAIR
(RETIRED JUDGE, HIGH COURT OF KERALA)
ps
? IN THE HIGH COURT OF KERALA AT ERNAKULAM
+OP No. 15570 of 1999(C)
#1. J.FRANCIS
… Petitioner
Vs
$1. THE KSEB
… Respondent
! For Petitioner :SRI.P.B.SURESH KUMAR(QUILON)
^ For Respondent :SRI.T.G.RAJENDRAN SC FOR K.S.E.B.
*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 :23/01/2008
: O R D E R
JUSTICE M.M.PAREED PILLAY
(RETIRED CHIEF JUSTICE, HIGH COURT OF KERALA)
&
JUSTICE M.R.HARIHARAN NAIR
(RETIRED JUDGE, HIGH COURT OF KERALA)
—————————
O.P.NO.15570 OF 1999
————————–
Dated this the 23rd day of January, 2008
A W A R D
Standing counsel for the respondents and
Mr.Muraleedharan, Assistant Executive Engineer are present.
He stated that pursuant to the previous order dt.9.1.2008, the
petitioner has paid up the entire dues on 21.1.2008 and that
there is no further dispute subsisting between the parties. We
record the submission and close the original petition as settled.
M.M.PAREED PILLAY
(RETIRED CHIEF JUSTICE, HIGH COURT OF KERALA)
M.R.HARIHARAN NAIR
(RETIRED JUDGE, HIGH COURT OF KERALA)
ps