High Court Kerala High Court

L.Vimala vs Dr.K.X.Joseph on 6 July, 2007

Kerala High Court
L.Vimala vs Dr.K.X.Joseph on 6 July, 2007
       

  

  

 
 
  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