IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 SA.No. 109 of 2001(D) ------------------------------- AS.73/1998 of ADL.SUB COURT, THALASSERY OS.179/1983 of MUNSIF COURT, KUTHUPARAMBA .................... APPELLANT(S): ----------------------- PUTHIYA PURAYIL KUNHIKARUVAN, S/O.POKKICHI, AGED 70 YEARS, AGRICULTURIST, PAYAM AMSOM, EDAKKANAM DESOM, THALASSERY TALUK.(DIED) ADDL.APPELLANT 2 TO 10 IMPLEADED 2. ROHINI .N, W/O.LATE KUNHIKARUVAN,NELLIADAN HOUSE, EDAKKANAM P.O., KEEZHUR-670 703, IRITTY, KANNUR. 3. REMANI.N, W/O.GANGADHARAN, GANGA NIVAS, NIDUMKULAM, PATTANNUR P.O-670 595. 4. CHANDRAMATHI.N, W/O.P.P.MOHANAN, PUTHANPURAYIL HOUSE, NEAR IRITTY POLCE STATION, IRITTY-670 703. 5. PREMAVALLY, W/O.RAJAN, K.P.KANNOPPOIL HOUSE, PERATTA, P.O. KOOTTUPUZHA, 670 706. 6. VANAJA.N, W/O.K.BHASKARAN, VIPINA NIVAS, SIVAPURAM P.O., MATTANNUR-670 702. 7. VALLI N, KANNOTH HOUSE, ODAKKAL, ARALAM, P.O.VILA PAYAM, KANNUR. 8. PRASANNA KUMARI N., W/O.ASOKAN, CHEMMERI HOUSE, KEEZHOOR.P.O KEEZHOOR 670 703. 9. RAGESH.N, NELLIADAN HOUSE, EDAKKANAM P.O., KEEZHUR- 670 703 IRITTY, KANNUR. 10. REEJA RANI N., W/O. SHAJAN,KALATHIL HOUSE, THOLAMBRA P.O., THOLAMBRA-670 673. ADDL.APPELLANTS 2 TO 10 IMPLEADED OF THE LR'S OF DECEASED SOLE APPELLANT AS PER ORDER DATED 10/11/2010 IN I.A.NO.2820/2010 IN SA. BY ADV. SRI.P.V.SURENDRANATH SRI.E.G.GORDEN S.A.NO.109/2001 RESPONDENT(S): -------------------------- 1. PUTHIYAPURAYIL CHUNDANGA LEELA, D/O.CHIRUTHA, PAYAM AMSOM, EDAKKANAM DESOM, THALASSERY TALUK. 2. PUTHIYAPURAYIL CHUNDANGA MOHANAN,S/O. LEELA, AGRICULTURIST, CHAVASSERY AMSOM, ULIYIL DESOM, THALASSERY TALUK. 3. PUTHIYAPURAYIL CHUNDANGA JANARDHANAN, S/O.LEELA, AGRICULTURIST, CHAVASSERY TALUK. 4. PUTHIYAPURAYIL CHUNDANGA RAMESAN, S/O.LEELA, AGRICULTURIST, CHAVASSERY AMSOM, ULIYIL DESOM, THALASSERY TALUK. 5. PUTHIYAPURAYIL CHUNDANGA RAJEEVAN, S/O.LEELA, AGRICULTURIST, CHAVASSERY AMSOM, ULIYIL DESOM, THALASSERY TALUK. BY ADV. SRI.V.V.ASOKAN SRI.K.I.MAYANKUTTY MATHER THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S.A.NO.109/2001 ORDER ON C.M.P.NO.215/2001 IN S.A.NO.109/2001 DISMISSED 01/02/2011 SD/- HARUN-UL-RASHID, JUDGE /TRUE COPY/ P.A.TO.JUDGE sts HARUN-UL-RASHID, J. ------------------------ S.A.No.109 Of 2001 ---------------------- Dated this the 1st day of February, 2011. J U D G M E N T The defendant in O.S.No.179/1983 on the file of the Munsiff Court, Kuthuparamba, is the appellant. The appeal is directed against the judgment and decree in A.S.No.73/1988 of the Additional Sub Court, Thalassery. The plaintiffs filed I.A.No.3221/1992 for passing a final decree. The trial court passed a final decree for partition allotting plots to the plaintiffs and defendant. The lower appellate court confirmed the decision of the trial court. 2. The sole appellant died during the pendency of the second appeal. His legal representatives were brought on record as supplemental appellants. During the pendency of this appeal, parties arrived at a settlement and filed I.A.No.298/2011 to record the compromise and to pass a decree in terms of the compromise. 3. The final decree passed by the trial court confirmed by the lower appellate court is set aside. The terms of compromise entered between the parties stated in the I.A are recorded. A ::2:: S.A.No.109 Of 2001 decree is passed in terms of the compromise entered between the parties. The appeal is disposed of as above. There will be no order as to costs. HARUN-UL-RASHID, Judge. bkn/-