IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 RSA.No. 654 of 2004() --------------------- AS.109/2000 of ADL.D.C. & MACT,THODUPUZHA OS.164/1996 of SUB COURT,THODUPUZHA .................... APPELLANT-2ND RESPONDENT-2ND DEFENDANT ---------------------------------------------------------- SACRED HEART HOSPITAL, PAINKULAM, MAILAKOMBU P.O., THODUPUZHA, REPRESENTED BY ITS ADMINISTRATOR. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): APPELLANT/PLAINTIFF ---------------------------------- 1. T.C.CHANDY, S/O.T.K.CHANDY, PUTHIOTE HOUSE, ARINELLOOR KARA, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK, KOLLAM DT. * 2. SACRED HEART PROVINCIAL HOUSE, KOTHAMANGALAM, REPRESENTED BY THE MOTHER PROVINCIAL, S.H.CONGREGATION, KOTHAMANGALAM. * 2ND RESPONDENT DELETED FROM PARTY ARRAY AS PER ORDER IN C.M.APPL.1764/2011 DATED 20/7/2011 ADV. SRI.C.K.VIDYASAGAR FOR R1 SRI.T.I.ABDUL SALAM FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- I.A.1764 OF 2011 in R.S.A.NO.654 OF 2004 --------------------------------------------- Dated 20th July, 2011 ORDER Petition is filed to delete the second respondent from party array. Second respondent is the first defendant in the suit, namely Sacred Heart Provincial House. Appellant is Sacred Heart Hospital. Petition is filed consequent to the settlement of the dispute between the appellant and first respondent/plaintiff. In such circumstances, petition is allowed. M.SASIDHARAN NAMBIAR, JUDGE. uj. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- I.A.1763 OF 2011 in R.S.A.NO.654 OF 2004 --------------------------------------------- Dated 20th July, 2011 ORDER This petition is filed under Rule 3 of Order XXIII of Code of Civil Procedure, to record the compromise, jointly by the petitioner/second defendant and respondent/plaintiff to the effect that the dispute was settled amicably by negotiation and respondent agreed to accept Rs.40,000/- towards the full and final settlement of all the claim raised in the suit and first respondent received that amount and both parties have agreed to suffer their respective costs in the appeal. Petition is signed by both the petitioner and respondent and their counsel. Petition is allowed. Compromise is recorded. M.SASIDHARAN NAMBIAR, JUDGE. uj. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- R.S.A.NO.654 OF 2004 --------------------------------------------- Dated 20th July, 2011 JUDGMENT Compromise is recorded under Rule 3 of Order XXIII of Code of Civil Procedure as per order in I.A.1763/2011. Appeal is disposed in terms of the compromise. Compromise petition will form part of the decree. Court fee paid on the appeal memorandum be refunded to the learned counsel appearing for the appellant. M.SASIDHARAN NAMBIAR, JUDGE. uj.