IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 AS.No. 272 of 2003(C) ----------------------------- OS.13/1992 of SUB COURT, MANJERI .................... APPELLANT(S) :- (PLAINTIFF) :- ------------------------------------------- PUNNAKUNNATH NARAYANAN NAIR, S/O. SREEDEVI AMMA, VETTIKATTIRI AMSOM DESOM, P.O. VELLUVANGAD, ERNAD TALUK. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S) :- (DEFENDANTS) :- -------------------------------------------------- 1. BEENA, D/O. SUJATHA AMMA. 2. BABY, D/O. SUJATHA AMMA. 3. SINDHU, D/O. SUJATHA AMMA. ALL ARE RESIDING AT VETTIKATTIRI AMSOM DESOM, P.O. VELLUVANGAD, ERNAD TALUK. ADV. SRI.C.KHALID FOR R1TOR3 SRI.N.GOPINATHA PANICKER FOR R1TOR3 SRI.P.VISWAMBARAN FOR R1TOR3 SRI.R.O.MUHAMED SHEMEEM FOR R1TOR3 SMT.NASEEHA BEEGUM P.S. FOR R1TOR3 THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS.No. 272 of 2003 ORDER IN CMP No.2185/2003 IN A.S.No.272/2003 Dismissed. Sd/- HARUN-UL-RASHID, JUDGE. 21.07.2010. //True Copy// P.A. to Judge HARUN-UL-RASHID, J. ~~~~~~~~~~~~~~~~ A.S.No.272 of 2003 ~~~~~~~~~~~~~ Dated this the 21st day of July 2010 J U D G M E N T The plaintiff in O.S.No.13/92 on the file of the Sub Court, Manjeri is the appellant. The suit was filed for a declaration that Ext.A1 Gift Deed executed on 26.2.1974 in favour of defendants is a sham document which is never acted upon and that the defendants did not obtain any right over the property and for a prohibitory injunction restraining the defendants from taking income from the property and from causing obstructions to the plaintiff in residing in the house. Subsequently a prayer for recovery of possession is inserted in the plaint. 2. The defendants are the three daughters of the plaintiff. When the matter was taken up for final hearing, this Court directed the parties to appear in person in the Chamber in order to explore the possibility of a settlement. The parties A.S.No.272 of 2003 -: 2 :- appeared and this Court had occasion to interact with the parties on a series of occasions. Finally the parties decided to settle all the disputes between them. 3. Accordingly I.A.No.2669/2010 was filed by the parties under Order XXIII Rule 3 C.P.C. reciting the terms of compromise. The parties have agreed to resolve the dispute in the suit. The parties have also agreed to execute a Partition Deed in terms of allotment agreed by the parties. 4. The terms of settlement embodied in the compromise petition namely; I.A.No.2669/2010 is recorded. A decree in terms of the compromise is passed. The plan appended to the compromise shall form part of the decree. The appellant is entitled to refund of one half of the court fee paid. Appeal is disposed of in terms of the compromise petition. HARUN-UL-RASHID, JUDGE. Jvt