IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 RSA.No. 460 of 2004(D) ---------------------- AS.28/1999 of SUB COURT, VADAKARA OS.127/1996 of MUNSIFF COURT, VADAKARA .................... APPELLANT/RESPONDENT/DEFENDANT ----------------------------------------------------------- LAKSHMIKUTTY AMMA, D/O. LATE KOMAPPA KURUP, CHEEROKKARA HOUSE, CHORODE AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT BY ADV. SRI.K.V.SOHAN RESPONDENT/APPELLANT/PLAINTIFF --------------------------------------------------------- *1. E. BALAKURUP, S/O. LATE CHANDU KURUP, 'CHEEROKARA', NO.9A, KAMARAJAN CROSS STREET, NO.7, K.K. PADUR, COMBATORE. *(DIED) *ADDITIONAL RESPONDENTS 2 TO 4 IMPLEADED ADDL. R2: DR. SANTHA B.KURUP, W/O.LAE E.BALA KURUP, 'CHEEROKARA', NO.9A, KAMARAJAN CROOS STREET, NO.7, K.K. PADOOR, COIMBATURE-641 038. ADDL. R3: DR. PREETHA SREEDAS, D/O.LATE E.BALA KURUP, -DO-. ADDL. R4: PRABHITHA ARAVIND, D/O.LATE E.BALA KURUP, -DO-. * ADDITONAL RESPONDENTS 2 TO 4 ARE IMPLEADED BEING LRS OF DECEASED SOLE RESPONDENT E. BALAKURUP, AS PER ORDER DATED 22/06/2011 IN I.A.491/2007. BY ADV. SRI.N.L.KRISHNAMOORTHY. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. --------------------------------------------- R.S.A.NO.460 OF 2004 --------------------------------------------- Dated 22nd June, 2011 JUDGMENT Appellant is the defendant in O.S.127/1996 on the file of Munsiff court, Vatakara. Respondent was the plaintiff. On the death of the respondent additional respondents 2 to 4 were impleaded as his legal heirs. Though suit was dismissed, first appellate court decreed the suit in part in A.S.28/1999 filed by the deceased plaintiff. Defendant has filed the appeal challenging the decree granted against her. Respondent filed cross objection challenging the portion of the decree passed by the first appellate court against him. 2. I.A.1386/2011 is filed jointly RSA 460/04 & C.O.107/04 2 by the appellant and additional respondents 2 to 4, the legal heirs of the deceased respondent under Rule 3 of Order XXIII of Code of Civil Procedure to record the compromise. Petition is signed by all the parties and their counsel. Terms of the settlement is shown in the compromise petition. I.A.1386/2011 is allowed. Compromise is recorded. Consequently, appeal and cross objection are allowed and judgment of the first appellate court is set aside. A decree is passed in terms of the compromise petition. Compromise petition will form part of the decree. M.SASIDHARAN NAMBIAR, JUDGE. uj.