IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 AS.No. 856 of 1997(E) --------------------- OS.228 OF 1994 of SUB COURT, KASARAGOD .................... APPELLANT:DEFENDANT: --------------------------- RAVINDRA SHETTY, S/O.K.UGGAPPA SHETTY, RESIDING AT HOSAMANE IN KUNJATHUR VILLAGE AND POST, KASARAGOD TALUK, (VIA) MANJESHWAR. BY ADV. SRI.K.G.GOURI SANKAR RAI RESPONDENTS: PLAINTIFF ------------------------------ 1. RAMAKKE, W/O.LATE SANKAPPA SHETTY, RESIDING AT KELAGINA MANE, KUNJATHUR VILLAGE AND POST, KASARAGOD TALUK, (VIA) MANJESHWAR. - DIED. *SUPPL. RESPONDENTS 2 TO 32 IMPLEADED 2. SMT.DEVAKI, AGED 59 YEARS, W/O.UGGAPPA SHETTY, RESIDING AT KUNJATHUR HOSAMANE, KUNJATHUR VILLAGE AND POST, KASARAGOD TALUK. 3. KORAGAPPA SHETTY, AGED 47 YEARS, S/O.SHANKAPPA SHETTY, RESIDING AT KELAGINAMANJE IN KUNJATHUR VILLAGE AND POST, KASARAGOD TALUK. 4. RAMANATHA SHETTY, AGED 45 YEARS, S/O.SHANKAPPA SHETTY. 5. SMT.SUNDARI, AGED 59 YEARS, W/O.BANTAPPA SHETTY. 6. JAYANTHI, AGED 40 YEARS. 7. MOHANDAS SHETTY, AGED 33 YEARS. 8. CHANDRAHASA SHETTY, AGED 31 YEARS. AS 856/97 -2- 9. YASHODHARA SHETTY, AGED 29 YEARS. RESPONDENT NOS. 6 TO 9 ARE CHILDREN OF SUNDAR AND BANTAPPA SHETTY. RESPONDENTS 4 TO 9 ARE RESIDING AT SANNADKA IN KUNJATHUR VILLAGE AND POST, KASARAGOD TALUK. 10.SMT.LALITHA, AGED 52 YEARS, W/O.VENKAPPA SHETTY. 11.INDIRA, AGED 33 YEARS. 12.VARIJA, AGED 31 YEARS. 13.ANANDA, AGED 29 YEARS. 14.PRABHAKARA, AGED 27 YEARS. RESPONDENT NOS. 11 TO 14 ARE CHILDREN OF 10TH RESPONDENT AND VENKAPPA SHETTY. RESPONDENT NOS. 10 TO 14 ARE RESIDING AT SANNADKA IN KUNJATHUR VILLAGE AND POST, KASARAGOD TALUK. 15.VIJAYALAKSHMI, AGED 40 YEARS. 16.SHASHIPRABHA, AGED 37 YEARS. 17.JAGANNATHA BHANDARY, AGED 33 YEARS. 18.CHITHRAKSHI, AGED 31 YEARS. RESPONDENTS NOS.15 TO 18 ARE CHILDREN OF ABBAKKE RESIDING AT KELAGINAMANE IN KUNJATHUR VILLAGE AND POST, KASARAGOD TALUK. 19.BHASKARA SHETTY, AGED 40 YEARS. 20.NARAYANA SHETTY, AGED 38 YEARS. 21.VEDAVATHI, AGED 36 YEARS. 22.GULABI, AGED 34 YEARS. 23.GIRIJA, AGED 32 YEARS. 24.SATHISHA SHETTY, AGED 30 YEARS. RESPONDENTS NOS.19 TO 24 ARE CHILDREN OF KAMALA, RESIDING AT KARAVOOR IN KODIBAIL VILLAGE, KASARAGOD TALUK, P.O.UPPALA. AS 856/97 -3- 25.SMT.BABY, AGED 45 YEARS, W/O.NARAYANA SHETTY. 26.SUJATHA, AGED 27 YEARS. 27.SUSHEELA, AGED 26 YEARS. 28.SUMATHI, AGED 25 YEARS. 29.KUSHANANDA, AGED 24 YEARS. RESPONDENTS NOS.26 TO 29 ARE CHILDREN OF RESPONDENT NO. 25 AND NARAYANA SHETTY. RESPONDENT NOS.25 TO 29 ARE RESIDING AT MUGERU HOUSE, BAMBRANA VILLAGE AND POST, KASARAGOD TALUK. 30.DEVAPPA A SHETTY, AGED 52 YEARS, S/O. (FATHER'S NAME NOT KNOWN). 31.HARISHA, AGED 21 YEARS. 32.UDAYA, AGED 19 YEARS. RESPONDENT NOS.31 AND 32 ARE CHILDREN OF DEVAPPA A SHETTY. RESPONDENT NOS.30 TO 32 ARE RESIDING AT K.M.KENAI – CHAL, CHAL NO.2, ROOM NO.29, HOLI MAINDAN, DHARAVI, MUMBAI-4000072. *SUPPLEMENTAL RESPONDENTS 2 TO 32 ARE IMPLEADED AS PER THE ORDER DATED 2.7.08 IN CMP NO.1787 OF 2002. BY ADV. SRI.P.V.MADHAVAN NAMBIAR FOR R1 SRI.C.S.RAMANATHAN SRI.V.T.MADHAVANUNNI FOR R2 TO R32 SRI.SATHEESH V.A. FOR DO.DO. SRI.V.JOHN SEBASTIAN RALPH FOR DO.DO. THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.6244 OF 1997 IN A.S.NO.856 OF 1997 DISMISSED. 2.7.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - A.S.No.856 of 1997 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 2nd July, 2008 JUDGMENT The parties have filed a joint compromise petition. The terms of the compromise petition are recorded and will form part of the decree. In view of the compromise already recorded, the Appeal is disposed of modifying the decree in terms of the compromise. Refund one-half of the court fee paid on the appeal memorandum to Mr.K.G.Gowri Shankar Rai, counsel for the appellant. srd PIUS C.KURIAKOSE, JUDGE