K.T.SANKARAN,J The plaintiffs in O.S.No.160 of 2005 on the file of Court of First Additional Sub Judge, Thiruvananthapuram are the appellants. The suit was filed for specific performance of an agreement for sale. The court below disallowed the relief for specific performance. However, a decree was passed in favour of the plaintiffs, allowing them to recover a sum of Rs.10,00,000/- together with interest from the defendants 1 and 2. The suit against defendants 3 to 6 was dismissed. 2. The parties were referred for mediation. A memorandum of agreement dated 31.10.2014 was signed by the parties. The terms of the memorandum of agreement are following:-
“1. The entire property is surveyed and identified as per the re-survey plan and a sketch is prepared. As per the sketch the total extend of the property in the re-survey number 85 in block No.13 of Trivandrum district, Trivandrum Taluk in Village Thycaud (24) belonging to defendants/respondents 2 to 6 is 5.89 Ares. Out of that the southern half namely 2.94 Ares, adjacent to the concrete road, is agreed to be sold to the 1st plaintiff/1st appellant on receipt of Rs.22,50,000/- (Rupees Twenty Two Lakhs and Fifty Thousand only).
2. The advance already paid to the defendants/respondent amounting Rs.10,00,000/- (Rupees Ten lakhs only) as per agreement dated 28.10.2004 will be deducted from the agreed sum of Rs.22,50,000/- (Rupees Twenty Two Lakhs and Fifty Thousand only). Accordingly the said compromise is entered between the appellants and the defendants.
3. The defendants shall execute the sale deed in favour of the 1st plaintiff on receipt of the aforesaid amount of Rs.12,50,000/- (Rupees Twelve Lakhs and Fifty Thousand only) regarding the Southern half mentioned above and shown in sketch on or before 30.11.2014.
4. Court fee remitted by the appellants may be refunded”.
3. In view of the settlement arrived at between the parties, the suit is decreed in terms of the settlement, in substitution of the decree passed by the trial court. It is submitted by the learned counsel appearing for the parties that a registered assignment deed will be executed in favour of the first plaintiff within a period of ten days.
4. The learned counsel for the appellants submitted that the balance amount payable as per the terms of the settlement will be duly paid to the assignors. It is submitted that after execution of the assignment deed, an affidavit to that effect will be filed in this appeal. Half the court fee will be refunded to the appellants.
R.F.A is disposed of as above. Post on 20.11.2014 for reporting compliance.
K.T.SANKARAN, JUDGE P.D.RAJAN, JUDGE lgk “The submission of the counsel for the appellants that the registered sale deed was executed on 18.11.2014 and thus the terms of the agreement have been complied with” is recorded and the words, 'half the court fee' occuring in the last sentence in paragraph 4 (page 3 line 5) of the judgment dated 4.11.2014 in R.F.A No.216/2010 are substituted by the words “the entire court fee paid on the memorandum of appeal”, vide order dated 20.11.2014 in R.F.A.NO.216/2010.
SD/- REGISTRAR(JUDICIAL)