008 INSC 1432 , JT2009 (2 )SC 320 , 2009 (1 )KLT235 (SC ), (2009 )2 MLJ1063 (SC ), 2009 (1 )RCR(Civil)722 , 2008 (16 )SCALE364 , (2009 )2 SCC198 , [2008 ]17 SCR905 , ,MANU/SC/8467/2008
R.V. Raveendran#Devinder Kumar Jain#225SC2020Judgment/OrderAIC#AWC#ILR (Kerala)#INSC#JT#KLT#MANU#MLJ#RCR (Civil)#SCALE#SCC#SCRR.V. Raveendran,SUPREME COURT OF INDIA2012-9-24Settlement of disputes outside the Court.,Special Proceedings Arbitration,Civil Procedure1169,1178,1264,20210,303 -->
MANU/SC/8467/2008
True Court CopyTM EnglishILR-Ker
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 7282-7283 of 2008 (Arising out of SLP (C) Nos. 28691-28692 of 2008)
Decided On: 12.12.2008
Appellants: B.P. Moideen Sevamandir and Ors. Vs. Respondent: A.M. Kutty Hassan
Hon'ble Judges/Coram:
R.V. Raveendran and Devinder Kumar Jain JUDGMENT
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. The appellant will vacate the buildings in plot A to the respondent on or before 31st July, 2007. On such surrender, plot B will belong to the appellant and .... A compromise deed to this effect will be drawn by the parties and file before the court.
Post before the court on or before 31st July, 2007
[emphasis supplied]
3. The appellants allege that the parties could not finalise the terms of settlement as it was found that there was no access to the portion to which they had to move, and therefore no compromise petition was drawn up or filed. As the settlement was not reported, the High Court, by order dated 10.4.2008 made a second reference to the Lok Adalat. The parties and counsel again appeared before Lok Adalat. Further negotiations were unsuccessful and the Lok Adalat sent the following failure report dated 3.4.2008 to the court :
We have discussed the matter with the counsel and their parties and considering the nature of demand made by the appellants, th........