IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 SA.No. 234 of 1999(C) --------------------- AS.277/1995 of ADDL.DISTRICT COURT, THRISSUR OS.218/1987 of M.C.,VADAKKANCHERRY (IA 1517/91) .................... APPELLANT/APPELLANT/3RD DEFENDANT: -------------------------------------------------------------- KARUNAKARAN, S/O.PARITHPPURATH KARTHIAYANI AMMA PALLIKKAL DESOM, NEDUMBURA VILLAGE TALAPPALLY TALUK BY ADV. SRI.P.VIJAYA BHANU SRI.T.A.UNNIKRISHNAN RESPONDENT(S)/RESPONDENTS/PLAINTIFF AND OTHER DEFENDANTS: ------------------------------------------------------------------------------------------------------- 1.RADHA, /DO.PARITHAPPURATH KARTHIAYANI AMMA PALLIKKAL DESOM, NEDUMBURA VILLAGE TALAPPALLY TALUK 2. KARTHIAYANI AMMA, D/O.PARITHAPPURATH AMMALU AMMA PALLIKKAL DESOM, NEDUMBURA VILLAGE, TALAPPILLY TALUK 3. PRABHAKARAN, S/O.PARITHAPPURATH AMMALU AMMA RESIDING WITH HER 4. CHANDRAMATHY, D/O.PARITHAPPURATH AMMALU AMMA PALLIKKAL DESOM, NEDUMBURA VILLAGE, TALAPPILLY TALUK 5. SANTHAKUMARY, D/O.PARITHAPPURATH AMMALU AMMA PALLIKKAL DESOM, NEDUMBURA VILLAGE, TALAPPILLY TALUK 6. RUGMINI, D/O.PARITHAPPURATH AMMALU AMMA PALLIKKAL DESOM, NEDUMBURA VILLAGE, TALAPPILLY TALUK 7. SURESH, S/O.PARITHAPPURATH AMMALU AMMA PALLIKKAL DESOM, NEDUMBURA VILLAGE, TALAPPILLY TALUK SRI.MADHU RADHAKRISHNAN THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2011, ALONG WITH SA NO. 240 OF 1999 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------------------------ SA Nos.234 & 240 of 1999-C ------------------------------------------------------ Dated this the 29th day of June 2011 Judgment Two suits, namely OS No.359/86 and 218/87 were disposed of by a common judgment. OS No.359/86 was one for specific performance of a contract and OS No.218/87 was a suit for partition. The suit for specific performance was dismissed and the appeal filed against the judgment and decree of the trial court did not meet with success. The suit for partition was decreed, accepting the commissioner's report and plan. The judgments and decrees were confirmed in appeal and hence the second appeals. 2. It is unnecessary to go into the details of the case because the parties have entered into a compromise and have filed a compromise petition. On going through the compromise petition, it is felt that there is no illegality or irregularity in the petition and there is no reason why a SA 234 & 240/99 2 decree should not be passed in terms of the compromise. Accordingly, the judgments and decrees in both the suits are set aside and a decree is passed on the following terms: i. The parties hereto admit the possession and enjoyment of the plaint schedule items by the appellant. Out of these properties, an extent having 68.25 cents, specifically mentioned as Plot I (25.75 cents), Plot II (42.5 cents) and the residential building in Plot 2 in the Annexure A plan filed along with this petition is hereby given to the appellant with absolute title and possession. The portion marked as Road in Annexure A is a panchayat road constructed in the property held by the appellant. The appellant is free to enjoy the said property (Plot I & II) with absolute title and possession. ii. The other item of property comprised in Sy.No.966/part of Nedumpura village in the possession of the appellant, as it now stands has a total extent of 30 cents. This immovable property of 30 cents is surrendered in favour SA 234 & 240/99 3 of respondents 2 to 5. This immovable property now shall be in exclusive possession of respondents 2 to 5, who already have title over the same. The plan showing this property with side measurement is produced herewith as Annexure B. iii.The appellant hereby agrees that he will not raise any claim or right, title or interest over the remaining extent of property bequeathed by his father Narayanan Nair in favour of his sisters/respondents 2 to 5 by way of Exhibit B7 Will dated 02.03.1987. iv. In view of the settlement arrived at in this second appeal, the appellant herein have agreed not to pursue SA No.234/99 filed challenging the decree for partition in AS No.277/95 in OS No.218/1987. It is further agreed that the parties hereto have no dispute as to the allotment made and the owelty amount directed to be paid by the court below in OS No.218/87 on the file of the Munsiff's Court, Wadakkanchery. SA 234 & 240/99 4 v. The appellant and respondents 2 to 5 hereby mutually agree that they will not trespass upon or cause any damage to the property respectively held by each other based on this compromise. The parties hereto can enjoy their respective properties with absolute right, title and possession. vi.The parties hereto mutually agree that this shall be the final settlement of all the claims, disputes and liabilities between them. The appellant herein further agrees that he shall have no further claim or right over any properties which belonged to deceased brother the late Prabhakaran Nair and he relinquished all such rights in favour of the respondents. The compromise petition along with the sketch appended thereto shall form part of the decree. The second appeals are disposed of as above. P.Bhavadasan, Judge sta SA 234 & 240/99 5 SA 234 & 240/99 6