As directed by this Court, the parties settled the matter in mediation and a report is obtained. The dispute has been settled as under;
“1. The respondents agreed to pay a total amount of Rs.6,50,000/- (Rupees Six Lakhs and Fifty Thousand only) to the appellant as compensation towards the claim of the appellant. The appellant agreed for the same. The respondents agreed to pay the amount to the appellant within 3 months from today i.e. on or before 07.01.2015. The amount will be paid by the respondent to the appellant by way of Demand Draft of SBT.
2. If the amount is paid by the respondent to the appellant then there will be no further claim between the appellant and the respondents and the entire claim of the appellant will stand discharged and satisfied. Thereafter the appellant will not have any claim over the plaint schedule property as a tenant or otherwise and the appellant shall be deemed as vacated from the plaint schedule property.
3. If the amount is not paid within the period the appellant will be entitled to recover this amount with 6% interest from the respondents by considering this agreement as a decree and also by executing the same. The respondents have agreed the same also.”
2. It is submitted by both sides that the appellant has vacated the premises. However, as the respondents have agreed to pay a total sum of ₹6,50,000/- (Rupees six R.S.A. No. 1016 of 2006 ..2..
lakhs and fifty thousand only) as compensation within a period of three months from the date of mediation, i.e., on or before 07.01.2015, by way of demand draft of State Bank of Tranvancore, the appellant would recover this amount with 6% interest from the respondents reckoning the settlement as a decree in the event of failure on the part of respondents to pay the amount as agreed.
Therefore, the RSA is disposed of as above.
The joint statement of settlement shall form part of the decree.
Sd/-
A.V. RAMAKRISHNA PILLAI, JUDGE bka/-