IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 RSA.No. 1404 of 2004(A) --------------------------------- O.S.NO.498/1989 OF MUNSIFF COURT, ATTINGAL A.S.NO.59/1997 OF SUB COURT, ATTINGAL. APPELANT/PLAINTIFF -------------------------------------- SARASWATHY ANTHARJANAM, AGED 36 YEARS, DAUGHTER OF LATE KRISHNAN POTTY, RESIDING AT MELE MADOM, MAHADEVASWARAM, KILIMANOOR. BY ADV. SRI.R.D.SHENOY, SENIOR ADVOCATE BY ADV.SRI.D.ANILKUMAR RESPONDENT(S)/DEFENDANT ----------------------------------------------------------------- SAMBU POTTY, AGED ABOUT 75, S/O.LATE KRISHNAN POTTY, RESIDING IN THANNELI MADHOM, MAHADEVESWARAM,KLILIMANOOR. BY ADV. SRI.S.V.BALAKRISHNA IYER, (SENIOR) “ ADV.SRI.K.JAYAKUMAR(SENIOR) “ ADV.SRI.SUBRAMANIA SHARMA “ ADV.SRI.P.B.KRISHNAN THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== R.S.A. No. 1404 OF 2004 =========================== Dated this the 28th day of September,2011 JUDGMENT Plaintiff in O.S.498/1989 on the file of Munsiff Court, Attingal is the appellant. Defendant is the respondent. The suit was dismissed. Appellant challenged the decree and judgment before Sub Court, Attingal in A.S.59/1997. The appeal was dismissed confirming the decree of the trial court. Second appeal was filed challenging the decree and judgment. Appeal was admitted formulating the substantial questions of law. 2. In I.A.2345/2011 is filed under Order XXIII of Rule 3 of the Code of Civil Procedure to record the compromise. The compromise petition is signed by the appellant as well as the respondent and their respective counsel. The compromise petition reveals that entire RSA No.1404/2004 2 disputes were settled amicably. In such circumstances, I.A.2345/2011 allowed. Compromise is recorded. The appeal is disposed in accordance with the compromise. I.A.2345/2011 forms part of the decree. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006