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L.VIMALA, D/O.LAKSHMIBHAI versus DR.K.X.JOSEPH, S/O.XAVIER

High Court of Kerala

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L.VIMALA, D/O.LAKSHMIBHAI v. DR.K.X.JOSEPH, S/O.XAVIER - Mat Appeal No. 294 of 2006 [2007] RD-KL 12338 (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


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