IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 RFA.No. 21 of 2007() -------------------- OS.6/1985 of II ADDL. DISTRICT COURT, KOLLAM .................... APPELLANTS/PLAINTIFFS 7 & 9: ------------------------------------------------ 1. NARAYANA PILLAI PARAMESWARAN PILLAI, KALEELIL VEEDU, KUREEPUZHA CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM. 2. PADMANABHA PILLAI BHALACHANDRAN PILLAI, KUZHIKKARA VEEDU, KUREEPUZHA CHERRY, ..... DIED* SAKTHIKULANGARA VILLAGE, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.P.SUJESH KUMAR RESPONDENTS: DEFENDANTS 1 TO 3,5TO 10, 14 AND 6TH PLAINTIFF: -------------------------------------------------------------- 1. SIVANANDAGIRI ALSO CALLED AS RAMAKRISHNA PILLAI, SREE SWAROOPANANDASRAMAM, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM TALUK. 2. NEELAKANDA PILLAI SIVARAMAKRISHNA PILLAI DOCTOR, LEKSHMI VILASOM VEEDU, OLAYIL CHERRY, KOLLAM VILLAGE, KOLLAM TALUK. 3. NARAYANA PILLAI SREEDHARAN PILLAI, } GOVT.SERVANT, PAYTHALA VEEDU, KANNIMEL CHERRY,} SAKTHIKULANGAR VILLAGE, KOLLAM TALUK. } }.. DIED* 4. S.M.BHAKTHER, KAVARA VEEDU, } MEENATHU CHERRY, SAKTHIKULANGARA VILLAGE, } KOLLAM TALUK. } 5. GOVINDA PILLAI KARUNAKARA PILLAI, KANJIKKAL VEEDU, MANNIMEL CHERRY, KILIKOLLOOR- VILLAGE. 6. KESAVA PILLAI CHANDRAN PILLAI, GOVT. SERVANT, MUKKARATHIL, KUREEPUZHA CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM TALUK. 7. RAGHAVAN PILLAI RAMACHANDRAN PILLAI, AVIYIL VEETTIL, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM TALUK. 8. NANU PLILLAI SASIDHARAN PILLAI, ANAKKOODU VEETTIL, MEENATHU CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM TALUK. 9. KUNJUNNI PRABHAKARAN UNNI, KALAYIL VEEDU, MEENATHU CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM TALUK. 10. PRANAVANAND SWAMI ALSO CALLED AS M.P.BALAKRISHNA PILLAI, SREE SWAROOPANANDASRAMAM, ANAYARA, KADAKAMPALLI MURI, KADAKAMPALLI VILLAGE, THIRUVANANTHAPURAM DISTRICT. 11. CHELLAPPA KURUKKAL BALAKRISHNA KURUKKAL, SANYASI, SREE SWAROOPANANDASRAMAM, ANAYARA, KADAKKAMPALLY MURI, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. ADV. SRI.G.S.REGHUNATH FOR R.1 SRI.S.M.ALTHAF FOR R5,R10 SRI.S.SANTHOSH KUMAR FOR R-12 * --- THE SECOND APPELLANT AND RESPONDENTS 3 AND 4 DIED.. AS PER JUDGMENT DT.4.2.2011 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A. No. 21 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February 2011 JUDGMENT Joseph J., This appeal is directed against the final judgment in O.S. No. 6 of 1985. It was a suit for framing a scheme for administration of a religious trust. 2. I.A. No. 3892 of 2010 is a compromise petition filed under Order 23 Rule 3 of the Code of Civil Procedure. It is stated in this I.A. that the parties have amicably settled and a scheme acceptable to all parties have been framed. The second appellant and respondents 3 and 4 died and as such they are not made parties to the compromise. 3. The parties have filed an application to order notice of compromise petition by public advertisement, which is allowed and the notice has been published. It is brought to our notice that the R.F.A. No. 21 of 2007 :2: hearing date was 10.1.2011. Nobody has appeared to object to the compromise. The scheme as agreed between the parties has also been produced. In these circumstances, we allow the application and dispose of the Appeal filed against O.S. No. 6 of 1985 on the file of 2nd Additional District Court, Kollam in accordance with the scheme, which has been produced under memo dated 3.2.2011. 4. In regard to the discharge of receiver, it is open to the appellants to approach the 2nd Additional District Court, Kollam. The scheme will form part of the decree. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/