ORDER : 1. Special leave granted. We must place on record our high appreciation for the positive attitude adopted by the parties and their learned counsel for resolving the problem in a manner satisfactory to both sides as suggested by Court. By consent we therefore order as follows : (1) The suit instituted by the respondent/defendant is decreed for the principal amount claimed in the plaint. Inasmuch as the sum of Rs. 6,92,000/- which has been paid after the institution of the suit has to be adjusted against this amount, the total amount now payable by the respondent to appellant plaintiff will be Rs. 48,38,701.98. (2) There will be no order in regard to claim for interest. (3) The aforesaid decreed amount will be payable by equal monthly instalments so that the entire amount is paid latest by 31st January, 1988. (4) The first instalment will be paid within a week from today. 11 (5) Subsequent instalments will be paid on or before the expiry of each succeeding month regularly. In case there is a default in payment in instalments for two consecutive months, the entire amount remaining outstanding from the aforesaid decretal amount will be recoverable immediately by the execution of the decree 1, through the Court. (6) Inasmuch as the parties have settled the matter before the commencement of the trial the refund of Court fees admissible as per rules will be refunded to the plaintiff upon making an application to the Court in accordance with law. (7) We are told that half of the Court fees will he refundable to the plaintiff. The remaining half will have to be paid by the appellant to the plaintiff. The said amount will be paid along with the last instalment. (8) There will be no order regarding costs. 2. A copy of this order will be forwarded by the learned Registrar to the Trial Court and the Trial Court will treat the suit as having been disposed of in terms of this order making appropriate proceedings and appropriate orders to give effect to this direction, 3. The appeal is disposed of accordingly.