JACOB MANUAL @ MANAPPAN Vs. SANTHOSH V.PRABHU

JUDGEMENT

(1.) The appellant is the first defendant in O.S.No.53 of 2010 on the file of the Court of the Subordinate Judge of Kochi. The said suit was filed by respondents 1 and 2 herein seeking specific performance of Ext.A1 sale agreement dated 28.2.2007 executed between the appellant and the first respondent. By judgment dated 20.2.2014, the court below decreed the suit for specific performance of Ext.A1 agreement and the appellant was directed to execute a sale deed in favour of respondents 1 and 2 and put them in possession of the plaint schedule property after receiving the balance sale consideration of 5,78,000/ - within a period of two months from the date of judgment. It was held that if the appellant fails to execute the sale deed, respondents 1 and 2 would be at liberty to deposit the balance sale consideration within a further period of one month and to get the sale deed executed through Court at the expense of the appellant. It was also held that respondents 1 and 2 are entitled to get the entire costs of the suit from the appellant. It is aggrieved by the judgment and decree of the court below, the appellant is before us in this appeal. By order dated 18.2.2015, as agreed to by both sides, the parties were referred to mediation and they were directed to appear before the Nodal Officer, Ernakulam Mediation Centre on that day itself and the case was ordered to be posted before the Bench along with the report of the Mediator on 3.3.2015.

(2.) Now the parties have settled the dispute in mediation and the terms and conditions of the settlement, reduced to writing in the form of a Terms of Compromise dated 27.2.2015, verified and signed by all the parties and attested by their respective counsel, is forwarded to this Court along with the report of the Mediator dated 2.3.2015, for recording such compromise and to dispose of this appeal in terms of the said compromise.

(3.) Going by the terms of the compromise, the appellant/first defendant has agreed to transfer the plaint schedule property to respondents 1 and 2/plaintiffs by executing a conveyance deed prepared by them, on receipt of an additional amount of 35,30,000/ -, which they have agreed to pay on or before 10.4.2015. The appellant/first defendant is at liberty to withdraw the amount of 5,78,000/ - deposited before the court below by respondents 1 and 2/the plaintiffs immediately on the passing of a decree in terms of the compromise. The appellant/first defendant has to execute a sale deed regarding the plaint schedule property in O.S.No.53 of 2010 in favour of respondents 1 and 2/the plaintiffs and/or their nominees immediately on receipt of the above mentioned additional amount and hand over the original title deeds of the property at the time of execution of the sale deed. In case the appellant/first defendant refuses to accept the amount aforementioned and execute the sale deed, respondents 1 and 2/the plaintiffs can deposit the said amount before the Court of the Subordinate Judge of Kochi in O.S.No.53 of 2010 and get the sale deed executed through the court at the cost of the appellant/first defendant.