IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 RFA.No. 43 of 2010(E) ------------------------------ [OS.NO.40/1997 OF SUB COURT, MUVATTUPUZHA] .................... APPELLANTS/PLAINTIFFS: -------------------------------------- 1. K.R.SOMAN, S/O.RAJAN NAIR, AGED 44, KUNIATH HOUSE, IRIMPANAM DESOM, THIRUVANKULAM VILLAGE, KANAYANNOOR TALUK, REPRESENTED BY POWER OF ATTORNEY HOLDER GOPALAKRISHNAN, S/O.NARAYANAN NAIR, 2ND PLAINTIFF AS PER DEED NO.356 OF 1995 DATED 5.12.95. 2. GOPALAKRISHNAN, S/O.NARAYANAN NAIR, AGED 54, KANNANEACHERI HOUSE, RESIDING AT KUDIYIL, THRIKKARIYUR KARA, THRIKKARIYUR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.A.V.THOMAS. RESPONDENTS/DEFENDANTS: --------------------------------------------- 1. S.V.SURENDRANATH, S/O.VELAYUDHAN PILLAI, AGED 58, SREEVILASAM VEETTIL, THRIKKARIYUR KARA, THRIKKARIYUR VILLAGE, KOTHAMANGALAM TALUK. * 2. SMT.SATHI SURENDRANATH, W/O.SURENDRANATH, AGED 54, SREEVILASAM VEETTIL, THRIKKARIYUR KARA, THRIKKARIYUR VILLAGE, KOTHAMANGALAM TALUK. *THE 2ND RESPONDENT IS REMOVED FROM THE PARTY ARRAY AS PER ORDER DATED 11/04/2011 IN I.A. NO. 1128/2011. R.F.A. NO.43/2010-E: *ADDITIONAL RESPONDENT NO. 3 IMPLEADED: 3. CHARLY, S/O. POULOSE, KAVUMPURAM HOUSE, ELANGAVAM, VARAPETTY.P.O., KOTHAMANGALAM. *ADDITIONAL RESPONDENT NO.3. IS IMPLEADED AS PER ORDER DATED 11/04/2011 IN I.A. NO.1276/2011. R1 BY ADVS. SRI.K.K.CHANDRAN PILLAI, SRI.A.S.SAJUSH PAUL, SRI.THOMAS JAMES MUNDACKAL, SRI.BOBBY THOMAS, ADDL. R3 BY ADVS. SRI.M.L.JISHNU, SRI.TONY THOMAS (INCHIPARAMBIL), SMT.S.AMBILY. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = R.F.A.No.43 of 2010 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of April, 2011. Judgment Thottathil B.Radhakrishnan, J. The parties to this appeal have arrived at a settlement in mediation and a memorandum of settlement has been placed on record. The said memorandum is recorded and the appeal is ordered recording the said compromise. The impugned decree dismissing the suit is vacated and a decree is passed in terms of the compromise. One half court fee shall be refunded to the appellants. Memorandum of settlement, including the plan, will form part of the decree. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/1804