MARY FATHIMA SOPHY Vs. SANTHOSH V.PRABHU

JUDGEMENT

(1.) The appellants are the defendants in OS No. 52 of 2010 on the file of the Court of the Subordinate Judge of Kochi. The said suit was filed by respondents herein seeking specific performance of Ext. A1 sale agreement dated 28/02/2007 executed between the appellants and the respondents. By judgment dated 20/02/2014, the Court below decreed the suit for specific performance of Ext. A1 agreement and the appellants were directed to execute a sale deed in favour of respondents and put them in possession of the plaint schedule property after receiving the balance sale consideration of Rs. 3,92,000/- within a period of two months from the date of judgment. It was held that if the appellants fail to execute the sale deed, the respondents 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 appellants. It was also held that the respondents are entitled to get the entire costs of the suit from the appellants. It is aggrieved by the judgment and decree of the Court below, the appellants are before us in this appeal. By order dated 20/12/2014, 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 07/01/2015 and the case was ordered to be posted before the Bench along with the report of the Mediator on 19/01/2015. 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 27/02/2015, 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 02/03/2015, for recording such compromise and to dispose of this appeal in terms of the said compromise.

(2.) Going by the terms of the compromise, the appellants/defendants have agreed to transfer the plaint schedule property to respondents/plaintiffs by executing a conveyance deed prepared by them, on receipt of an additional amount of Rs. 10,24,600/-, which they have agreed to pay on or before 10/04/2015. The appellants/defendants are at liberty to withdraw the amount of Rs. 3,92,000/- deposited before the Court below by the respondents/plaintiffs immediately on the passing of a decree in terms of the compromise. The appellants/defendants have to execute the sale deed regarding the plaint schedule property in OS No. 52 of 2010 in favour of respondents/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 appellants/respondents refuse to accept the amount aforementioned and execute the sale deed, the respondents/plaintiffs can deposit the said amount before the Court of the Subordinate Judge of Kochi in OS No. 52 of 2010 and get the sale deed executed through the Court at the cost of the first appellant/first defendant.

(3.) Clause (7) of the terms of the compromise dated 27/02/2015, which deals with the refund of the court-fee paid on the plaint, reads thus: