Kerala High Court
Kochikunnel Joe Joseph vs K.C.Moideen on 9 June, 2010
Author: M.N. Krishnan
Bench: M.N.Krishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
AS.No. 233 of 1997()
1. KOCHIKUNNEL JOE JOSEPH
... Petitioner
Vs
1. K.C.MOIDEEN
... Respondent
For Petitioner :SRI.T.KRISHNAN UNNI (SR.)
For Respondent :SRI.V.CHITAMBARESH (SR.)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :09/06/2010
O R D E R
M.N. KRISHNAN, J.
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A.S. NO. 233 OF 1997
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Dated this the 9th day of June, 2010.
J U D G M E N T
This appeal is preferred against the judgment and decree passed by the District Judge, Wayanad in O.S.1/95. The suit is one for a permanent injunction and the court below had granted a decree for injunction in favour of the plaintiff. It is against that decision the defendants have come up in appeal. During the pendency of the appeal the matter has been compromised between the parties as per I.A.1921/10 and the compromise is recorded. As per the terms of the compromise the following decree is passed. (1) It is found that the total extent available as per the actual measurement of 12 items is only 86 cents. (2) Defendants in the suit are directed to convey the portion shown as plot A and marked in yellow colour in the plan in favour of the plaintiff on the following terms.
A.S. No. 233 OF 1997 -2- (3) It is agreed between the parties and decreed that the consideration for compromise of plot 1 in the plan annexed is Rs.12,50,000/- out of which 5 lakhs had been paid which is to be adjusted. The balance consideration to be paid to the defendants is Rs.7,50,000/-.
(4) It is decided and agreed between the parties that the 20 lakhs deposited as per the orders of the Court and lying in fixed deposit shall be withdrawn by the plaintiff and shall pay Rs.7,50,000/- to the defendants and that they shall execute and register the conveyance deed transferring the property shown in plot A in the plan.
(5) It is also decreed that the respondent shall pay out of the interest portion received, the proportionate interest of Rs.7,50,000/- out of the accrued interest to the appellants or to their duly authorised agents.
(6) It is further agreed that the plaintiff shall not have any possession over the area in the plan other than over plot A. A.S. No. 233 OF 1997 -3- (7) It is further decreed that a way of 10 feet width as mentioned in paragraph 8 of the compromise be there and the parties or their successors have right to use the same as of right.
(8) The interese apportionment of the consideration shall be done by the defendants and plaintiff shall not be put into unnecessary hardship.
(9) Let paragraph 10 of the compromise petition and the terms therein be part of the decree.
If any of the parties fail to abide by the terms of the settlement, the decree can be executed. Parties are directed to bear their respective costs. The compromise petition and the plan shall form part and parcel of the decree.
M.N. KRISHNAN, JUDGE.
ul/-
A.S. No. 233 OF 1997 -4- M.N. KRISHNAN, J.
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