K.S.Chandran vs Adhira
2021 Latest Caselaw 14511 Ker

Citation : 2021 Latest Caselaw 14511 Ker
Judgement Date : 13 July, 2021

Kerala High Court

K.S.Chandran vs Adhira on 13 July, 2021

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MRS. JUSTICE MARY JOSEPH
    TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                        EX.FA NO. 11 OF 2020
 AGAINST THE ORDER DATED 18.02.2020 IN E.A.No.656 of 2019 IN
E.P.No.370 OF 2013 IN O.S.No.1456 OF 2010 ON THE FILES OF THE
              II ADDITIONAL SUB COURT,THRISSUR.


APPELLANT/PETITIONER:

          K.S.CHANDRAN,
          AGED 65 YEARS,
          S/O.KARAZHY SANKARAN, COOLIE, THANIPADAM DESOM,
          PANANCHERY VILLAGE, THRISSUR TALUK,
          THRISSUR DISTRICT, PIN - 680 652.
          BY ADVS.
            SRI.SURENDRAN
            SMT. S.MAYUKHA


RESPONDENT/RESPONDENT:

          ADHIRA,
          D/O.KAYALAKKAL INDIRA, AGED 37 YEARS, KANJANI DESOM,
          MANALOOR VILLAGE, THRISSUR TALUK, REPRESENTED BY
          POWER OF ATTORNEY HOLDER ACHUTHAN, S/O.KATTANI
          VEETIL SAROJINI AMMA, AGED 68 YEARS, KANJANI DESOM,
          THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680 612.

          BY ADV SRI.E.NARAYANAN



     THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION
    ON 13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
    FOLLOWING:
 EX.F.A.No.11 of 2020                 2




                               JUDGMENT

Dated this the 13th day of July, 2021

The parties have settled the issues involved in the case on

hand and a petition is filed before this Court as I.A.No.1 of 2021

under Order XXIII Rule 3 of the Code of Civil Procedure. The

Appellant and respondent through her Power of Attorney

holder and their respective counsel have signed the compromise

petition, the terms of which are extracted hereunder:-

"a) That the decree holder had agreed to settle the matter on receipt of a total amount of Rs.4,50,000/- (Rupees four lakhs and fifty thousand only) from the judgement debtor and the judgement debtor had agreed to pay the said amount to the decree holder in full satisfaction of the decree;

b) That, pursuant to the above agreement between the parties, the judgement debtor has already paid a total sum of Rs.4,50,000/- (Rupees four Lakhs and fifty thousand only) to the decree holder by way of RTGS (Rs.3,00,000/-) and NEFT (Rs.1,50,000/-) to the account of the decree holder and the decree holder received the said amount in full satisfaction of the decree. Therefore full satisfaction of the decree in O.S.No.1456 of 2010 on the file of 2 nd Additional Sub Court, Thrissur may be recorded;

c) That the decree holder and judgemnt debtor agreed that the sale conducted on 21-12-2015 by the 2 nd Additional Sub court, Thrissur in E.P.No.370 of 2013 in O.S.No.1456 of 2010 and the confirmation of the sale in favour of the decree holder shall stand set aside;

d) That the order setting aside the sale may be communicated to the Sub Registrar, Thrissur as provided in section 89 of Registration Act, for filing;

e) That the decree holder shall be entitled to withdraw the amount lying in court deposit in E.P.No.370 of 2013 in O.S.No.1456 of 2010 of 2nd Additional Sub Court, Thrissur, deposited by way of balance of purchase money; and

f) That there may be no order as to cost as the parties agreed to bear their cost"

2. The above terms are recorded. On the basis of the

terms above, the sale conducted by the II Additional Sub Court,

Thrissur in E.P.No. 370 of 2013 in O.S.No.1456 of 2010 on

21.12.2015 and the confirmation of sale are set aside. The

Judgment Debtor has deposited money in the account of the

decree holder and a full satisfaction of the decree is arrived at.

3. Communicate the order to the Sub Registrar, Thrissur

forthwith. The decree holder is also permitted to withdraw the

amount lying in Court deposit in E.P.No.370 of 2013 in

O.S.No.1456 of 2010 on the files of II Additional Sub Court,

Thrissur as balance of purchase money.