IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 RSA.No. 298 of 2009() --------------------- AS.10/07 of ADL.SUB COURT, THALASSERY OS.364/2005 of ADDL.MUNSIFF COURT, KANNUR .................... APPELLANT/9th DEFENDANT IN OS: --------------------------------------- THAYYILEKANDY CHERIYA KUMARAN SON OF BAPPU, AGED 84, NEAR TELECOM QUARTERS T K LAKSHMANAN ROAD, KANNUR BY ADV. SMT.S.K.DEVI SRI K P PRADEEP (PAYYANNUR) RESPONDENTS/PLAINTIFF & DEFENDANTS 1 TO 8 IN OS: ----------------------------------------------------- 1. MOOLAYIL SHYAMALA, D/o. JANAKI AGED 54, HOUSE WIFE, MOOLIYIL HOUSE THALASSERY, KANNUR 2. PADINJAREKANDY SHANTA, W/o. LATE BALAN AGED 68, BUSINESS, RESIDING AT RESHMI HOUSE KANNOOKKARA, THANA, KANNUR - 12 3. CHILDREN SHEELA, AGED 48, HOUSE WIFE RESIDING AT RESHMI HOUSE KANNOOKKARA, THANA, KANNUR - 12 4. MEENA, AGED 42, HOUSE WIFE AT RESHMI HOUSE, KANNOOKKARA THANA, KANNUR - 12 5. LEENA, AGED 38, HOUSE WIFE AT RESHMI HOUSE, KANNOOKKARA THANA, KANNUR - 12 6. BABU, AGED 35, BUSINESS AT RESHMI HOUSE, KANNOOKKARA THANA, KANNUR-12 7. SANTHOSH, AGED 33, BUSINESS AT RESHMI HOUSE, KANNOOKKARA THANA, KANNUR - 12 8. MOOLIYIL SOUMINI, D/o. YESHODA AGED 62, HOUSE WIFE, PUZHATHI AMSOM KOOTALI, KANNUR-16 9. MOOLIYIL KAMALA, D/o. YESHODA AGED 58, HOUSE WIFE, PUZHATHI AMSOM KOOTALI, KANNUR-16 ADV. SRI.A.MOHAMED MUSTAQUE FOR R1 TO 7, R8 AND R9 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- R.S.A.No.298 of 2009B --------------------------------------- Dated this 08th day of December, 2009 JUDGMENT The second appeal arises from judgment and decree of learned Sub Judge, Thalassery in A.S.No.10 of 2007 which was brought from judgment and decree of learned Munsiff, Kannur in O.S.No.364 of 2005. 2. Parties to this appeal have filed I.A.No.2899 of 2009 reporting settlement of the dispute between them outside Court and requesting that the appeal may be disposed of in terms of the compromise. The compromise is recorded. Resultantly the appeal is dismissed in terms of the compromise which shall form part of the decree. No cost. THOMAS P JOSEPH, JUDGE Sbna/