IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 AS.No. 779 of 1999() -------------------- (O.S.NO.5/1997 OF SUB COURT, OTTAPPALAM) APPELLANT(S): DEFENDANTS -------------- 1. VASU ALIS RAVUNNI NAIR S/O V. RAMAN NAIR, AGED 67 YEARS RESIDING AT PATTITHARA AMSOM ALUR DESOM, OTTAPPALAM TALUK(DIED) 2. MADHAVAN NAIR, S/O VANIYAMPARAMBATH RAMAN RAMAN NAIR, AGED 58 YEARS, RESIDING AT PATTITHARA AMSOM ALUR DESOM IN OTTAPPALAM TALUK 3. SREEDEVI AMMA, D/O VARIAMPARAMBATH RAMAN NAIR, AGED 55 YEARS, RESIDING AT PATTITHARA AMSOM, ALUR DESOM IN OTTAPPALAM TALUK ADDITIONAL APPELLANTS 4. V.V.CHANDRASEKHARAN, S/O LATE VASU ALIAS RAVUNNI NAIR, VANIYAMPARAMBATH HOUSE, PATTITHARA AMSOM, ALUR DESOM OTTAPPALAM TALUK 5. V.V.SIVADASAN, S/O LATE VASU ALIAS RAVUNNI NAIR, VANIYAMPARAMBATH HOUSE PATTITHARA AMSOM, ALUR DESOM, OTTAPPALAM TALUK 6. V.V.PRASANNA KUMARI, D/O LATE VASU ALIAS RAVUNNI NAIR, VANIYAMPARAMBATH HOUSE PATTITHARA AMSOM, ALUR DESOM, OTTAPPALAM TALUK A.S.NO.779/99 LEGAL REPRESENTATIVES OF DECEASED FIRST APPELLANT ARE IMPLEADED AS ADDL. RESPONDENTS 4 TO 6 AS PER ORDER DATED 12-01-2010 IN I.A.NO.4246/2009 BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN, SENIOR ADVOCATE ADV.SRI.K.MOHANAKANNAN RESPONDENT(S): PLAINTIFFS --------------- 1. AYYAPPAN NAIR S/O VANIYAMPARAMBATH RAMAN NAIR AGED 67 YEARS, RESIDING AT PATTITHARA AMSOM ALUR DESOM, OTTAPPALAM TALUK 2. SANKARAN NAIR, S/O VANIYAMPARAMBATH RAMAN NAIR, AGED 64 YEARS, RESIDING AT PATTITHARA AMSOM, ALUR DESOM, OTTAPPALAM TALUK ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE ADV.SRI.C.A.ILLYAS THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - A.S.No.779 OF 1999 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of March, 2010 JUDGMENT Basheer, J. When this appeal is taken up for consideration, it is submitted by learned counsel for the parties that the matter has been settled out of court. A petition for compromise under Rule 3 of Order XXIII of Code of Civil Procedure has been filed. The appellants, the respondents and their respective counsel have signed in the compromise petition to which a sketch is also annexed. The compromise petition with the sketch shall form part of the decree. Compromise is recorded and the Appeal is disposed of in terms of the compromise entered into between the parties. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.