P.B.Suresh Kumar, J.
RFA No.746 of 2012 is preferred by defendants 1 and 2 in O.S.341 of 2006 on the file of the Court of the II Additional Subordinate Judge, Thiruvananthapuram and RFA No.747 of 2012 is preferred by defendants 1 and 2 in O.S No.347 of 2006 on the file of the said court. The suits referred to above were instituted by the respondents in the appeals for specific performance and as per the common judgment impugned in these appeals, the suits were decreed in part.
2. In the course of the proceedings, the parties were referred for mediation and the matter has been settled at the mediation. The memorandum of settlement arrived at between the parties at the mediation is part of the records. We have perused the terms of settlement and we are satisfied that the terms of settlement are lawful.
3. In the circumstances, the common judgment and decrees impugned in these appeals are set aside and the suits O.S. No.341 of 2006 and 347 of 2006 on the file of the Court of the II Additional R.F.A.Nos.746 & 747 of 2012 2 Subordinate Judge, Thiruvananthapuram are disposed of in terms of the settlement. In view of Section 69A of the Kerala Court Fees and Suits Valuation Act, the court fee paid on these appeals shall be refunded to the respective appellants. The respondents/plaintiffs in the appeals shall be entitled to get back the balance sale consideration deposited before the trial court. A copy of the memorandum of settlement as also the sketch attached thereto shall be appended to this judgment and the original shall be preserved.
Sd/- P.N.RAVINDRAN, Judge.
Sd/- P.B.SURESH KUMAR, Judge.
//true copy// P.A. To Judge smv