IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 AS.No. 233 of 1997() ------------------------------ OS.1/1995 of DISTRICT COURT, KALPETTA .................... APPELLANT(S): DEFENDANTS --------------------- 1. KOCHIKUNNEL JOE JOSEPH, S/O.KOCHIKUNNEL JOSEPH, THOTTAKARAKARAYIL, ARAKUZHI VILLAGE, MOOVATTUPUZHA TALUK, ERNAKULAM DISTRICT. *2. KOCHIKUNNEL K.V.JOSEPH, S/O. VARKEY, THOTTKARAKARAYIL, ARAKUZHI VILLAGE, MOOVATTUPUZHA, ERNAKULAM DISTRICT (DIED) 3. KOCHIKUNNEL MATHEW JOSEPH, S/O. JOSEPH, THOTTAKARAKARAYIL, ARAKUZHI VILLAGE, MOOVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 4. KOCHIKUNNEL SHYLAMMA, W/O. JOSEPH, THOTTAKARAKARAYIL, ARAKUZHI VILLAGE, MOOVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 5. BENNY JOSEPH, S/O. JOSEPH, THOTTAKARAKARAYIL, ARAKUZHI VILLAGE, MOOVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 6. KOCHIKUNNEL PHILOMINA, W/O. GEROGE JOSEPH BATHERY POST AND VILLAGE, BATHERY TALUK, WAYANAD DISTRICT. 7. KOCHIKUNNEL ANNAKUTTY, W/O. VARKEY JOSEPH, THOTTKARAKARAYIL, ARAKUZHI VILLAGE, MOOVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 8. KOCHIKUNNEL GEORGE JOSEPH, S/O. JOSEPH, SULTHANBATHERY VILLAGE AND POST, BATHERY TALUK, WAYANAD DISTRICT. AS. 233/1997 ADDL. APPELLANTS 9 TO 13 IMPLEADED. 9. SR.MARY SASHIKALA SISTERS OF NOTRE DAME SOPHIA HIGH SCHOOL NO.70 PALACE ROAD, BANGALORE 1 (REP.BY POWER OF ATTORNEY HOLDER SRI.JOE JOSEPH KOCHIKUNNEL, PANDAPPILLY P.O. MUVATTUPUZHA , ERNAKULAM DISTRICT). 10. MRS. METTY THOMSON 16, MANRO STREET MACLEAD, VICTORIA 3085, MELBOURNE, AUSTRALIA. (REP.BY POWER OF ATTORNEY HOLDER SRI.JOE JOSEPH DO. DO.) 11. MRS.RANI THOMAS, I, PHORNDALE, LIMAVADY BT 47 OST, NORTHERN IRELAND, U.K. (REP.BY POWER OF ATTORNEY HOLDER SRI. JOE JOSEPH DO. DO.). 12. MRS. LALY JOSE, W/O. M.I.JOSE, MANGALY HOUSE, THURAVOOR P.O. ANGAMALY. (REP.BY POWER OF ATTORNEY HOLDER SRI.BENNY JOSEPH KOCHIKUNNEL, PANDAPPILLY P.O., MUVATTUPUZHA ERNAKULAM DISTRICT). 13. MRS. ANNIE VINCENT, W/O. LATE C.J.VINCENT CHERIPURATH HOUSE, KUNNUMPAKAM P.O., KANJIRAPPILLY. (REP.BY POWER OF ATTORNEY HOLDER BENNY JOSEPH DO. DO.). * ADDL. APPELLANTS 9 TO 13 ARE IMPLEADE AS THE LEGAL REPRESENTATIVES OF THE DECEASED 2ND APPELLANT AS PER ORDER DTD. 4.8.2009 IN IA. 2677/2009. BY SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE BY ADVS. SRI.T.R.RAJAN SRI.P.R.VENKETESH SRI.SATHISH NINAN AS. NO.233/1997 RESPONDENT(S): PLAINTIFF -------------------------- K.C.MOIDEEN, S/O. KARATTUCHALIL AHAMMADKUTTY, KAMBALAKKAD POST, PONGINICHIKKALLOOR, AMSOM, PULPADY DESOM VYTHIRI TALUK, WAYANAD DISTRICT. R1 BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE R1 BY ADV. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.A.R.NIMOD, SRI.C.A.ANOOP. THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 09/06/2010 , THE COURT ON DELIVERED DELIVERED THE FOLLOWING: ORDER ON CMP. NOS.2087/1997 , CMP. NO.244/2000 IN AS. NO.233/1997 DISMISSED 09/06/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = A.S. NO. 233 OF 1997 = = = = = = = = = = = = = = = Dated this the 9th day of June, 2010. J U D G M E N T This appeal is preferred against the judgment and decree passed by the District Judge, Wayanad in O.S.1/95. The suit is one for a permanent injunction and the court below had granted a decree for injunction in favour of the plaintiff. It is against that decision the defendants have come up in appeal. During the pendency of the appeal the matter has been compromised between the parties as per I.A.1921/10 and the compromise is recorded. As per the terms of the compromise the following decree is passed. (1) It is found that the total extent available as per the actual measurement of 12 items is only 86 cents. (2) Defendants in the suit are directed to convey the portion shown as plot A and marked in yellow colour in the plan in favour of the plaintiff on the following terms. A.S. No. 233 OF 1997 -2- (3) It is agreed between the parties and decreed that the consideration for compromise of plot 1 in the plan annexed is Rs.12,50,000/- out of which 5 lakhs had been paid which is to be adjusted. The balance consideration to be paid to the defendants is Rs.7,50,000/-. (4) It is decided and agreed between the parties that the 20 lakhs deposited as per the orders of the Court and lying in fixed deposit shall be withdrawn by the plaintiff and shall pay Rs.7,50,000/- to the defendants and that they shall execute and register the conveyance deed transferring the property shown in plot A in the plan. (5) It is also decreed that the respondent shall pay out of the interest portion received, the proportionate interest of Rs.7,50,000/- out of the accrued interest to the appellants or to their duly authorised agents. (6) It is further agreed that the plaintiff shall not have any possession over the area in the plan other than over plot A. A.S. No. 233 OF 1997 -3- (7) It is further decreed that a way of 10 feet width as mentioned in paragraph 8 of the compromise be there and the parties or their successors have right to use the same as of right. (8) The interese apportionment of the consideration shall be done by the defendants and plaintiff shall not be put into unnecessary hardship. (9) Let paragraph 10 of the compromise petition and the terms therein be part of the decree. If any of the parties fail to abide by the terms of the settlement, the decree can be executed. Parties are directed to bear their respective costs. The compromise petition and the plan shall form part and parcel of the decree. M.N. KRISHNAN, JUDGE. ul/- A.S. No. 233 OF 1997 -4- M.N. KRISHNAN, J. = = = = = = = = = = A.S. No. 233 OF 1997 = = = = = = = = = = = J U D G M E N T 9th June, 2010.