IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 SA.No. 248 of 2003 --------------------------- [AS.NO.146/1996 OF III ADDL. DISTRICT COURT, KOLLAM, OS.NO.25/1991 OF MUNSIFF COURT, KARUNAGAPPALLY] .................... APPELLANTS/APPELLANTS/DEFENDANTS 1 AND 2: --------------------------------------------------------------------------- 1. ABDUL JALEEL, MALABAR HOUSE, PADANAYARKULANGARA NORTH MURI, KARUNAGAPPALLY VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. 2. MAITHEEN KUNJU ABIDA BEEVI, -DO- -DO-. BY ADVS. DR.P.S.KRISHNA PILLAI, SRI.H.VINOD. RESPONDENTS/RESPONDENTS/PLAINTIFFS AND 3RD DEFENDANT: -------------------------------------------------------------------------------------------------- *1. CHINNAMMA SELVAMMA, VAYALITHARAYIL VEEDU, PADANAYARKULANGARA NORTH MURI, KARUNAGAPPALY VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. *(REMOVED) 2. KOCHUMMINI CHINNAMMA, -DO- -DO-. 3. V. VISWAMBARAN, OF -DO- -DO-. WITH PRESENT ADDRESS AS V. VISWAMBARAN, POST BOX NO.5539, DUBAI. S.A. NO.248/2003: * ADDL. 4TH RESPONDENT IMPLEADED: 4. CHINNAMMA VIJAYAMMA, VAYALITHARAYIL HOUSE, PADANAYARKULANGARA MURI, KARUNAGAPPALLI VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. *THE 1ST RESPONDENT IS REMOVED FROM THE PARTY ARRAY AND THE ADDL. 4TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 09/02/2011 IN I.A. NO.22/2011. R3 BY ADV. SRI.P.B.SURESH KUMAR. THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. HARUN-UL-RASHID,J. ------------------------------- S.A. NO. 248 OF 2003 & I.A.NO.23 OF 2011 ------------------------------- DATED THIS THE 9TH DAY OF FEBRUARY, 2011 JUDGMENT Defendants 1 and 2 in O.S.No.25/91 on the file of the Munsiff's Court, Karunagappally are the appellans herein. The appeal is directed against the judgment and decree in A.S.No.146/96 on the file of the District Court, Kollam. The suit was filed for declaration and consequential injunction. The trial court decreed the suit. The Appellate Court confirmed the judgment and decree passed by the trial court. During the pendency of the second appeal the parties settled the disputes between them and filed I.A.No.23/11 under Order XXIII Rule 3 of the C.P.C praying to pass a compromise decree in terms of the settlement. 2. The terms of settlement recited in I.A.No.23/11 is recorded. Decree is passed in terms of the compromise. -2- WP(C).No. I.A.No.23/11 shall form part of the decree. Appeal is disposed of as above. HARUN-UL-RASHID, Judge. kcv. -3- WP(C).No.