IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA.No. 81 of 2010()
1. KUNJAMMA PAPPU, W/O.V.J.PAPPU, RESIDING
... Petitioner
Vs
1. V.J.VAKKACHAN, S/O.JOSEPH,
... Respondent
For Petitioner :SRI.M.C.SEN (SR.)
For Respondent :SRI.M.NARENDRA KUMAR
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :24/11/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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R.F.A. No. 81 of 2010
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Dated this the 24th day of November, 2010
JUDGMENT
Basheer, J.
When this appeal was taken up for consideration on
an earlier occasion, we directed the parties to appear
before the court in order to explore the possibility of an
amicable settlement. On their appearance, we interacted
with them.
2. It is heartening to note that both sides, who are
very close relatives, have buried the hatchet and settled the
outstanding dispute out of court.
3. It is brought to our notice that a petition for
compromise under Order XXIII Rules 3 of the Code of Civil
Procedure, signed by the appellant, respondent and their
respective counsel has been filed incorporating the terms of
compromise.
4. The respondent has agreed to pay a sum of Rs.150
lakhs to the appellant by way of full and final settlement of
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the entire outstanding liability in connection with the
partnership business. It is further agreed by the respondent
that he would pay the first instalment of Rs.50 lakhs to the
appellant on or before December 24, 2010. The appellant
agrees that in case the respondent is not able to make
payment of the said instalment before the due date, the
respondent would be entitled to get enlargement of time for
making payment till January 8, 2011.
5. The second instalment of Rs.100 lakhs is agreed to
be paid by the respondent on or before May 24, 2011. On
receipt of the entire amount of Rs.150 lakhs from the
respondent, the appellant shall execute a deed of retirement
from the partnership. It is further agreed by the appellant
that she would execute all other necessary documents to be
presented before the authorities under the Indian
Partnership Act.
6. Since the other terms of compromise have been
incorporated in the petition, we do not deem it necessary to
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refer to them. It is made clear that the compromise petition
(I.A.No.4316 of 2010) shall form part of the decree. A
decree shall be passed in terms of the above compromise.
Half court fee shall be refunded to the appellant.
The appeal is disposed of in the above term.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
mn.