R.V.RAVEENDRAN, D.K.JAIN
B. P. MOIDEEN SEVAMANDIR – Appellant
Versus
A. M. KUTTY HASSAN – Respondent
R. V. RAVEENDRAN, J.
( 1 ) LEAVE granted. Mr. A. Raghunath, learned counsel accepts notice for the sole respondent. Heard by consent.
( 2 ) THE appellants were the defendants in a suit for declaration and mandatory injunction. Having lost before the trial court and the first appellate court, the appellants filed a second appeal before the High Court of Kerala on 6. 2. 2005. The appeal was admitted and an interim stay of execution was granted in the said appeal on 1. 6. 2005. The pending second appeal was referred to the Lok Adalat organized by the Kerala High Court Legal services Committee on 25. 5. 2007. Before the lok Adalat, parties apparently arrived at a tentative settlement. The Lok Adalat consisting of two retired Judges of the High court purported to pass the following 'award' dated 25. 5. 2007 in the appeal : award
"counsel for the parties and the appellants and respondent present. The parties have settled the dispute and agreed to file a memorandum of settlement before the High Court to obtain orders for disposal of this appeal and for refund of court fee. A plan of the property is produced by the appellant and it is received. The plan used will form part of this order. Th
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