IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 AS.No. 127 of 2000(A) & CROSS APPEAL --------------------- O.S.311/95 OF SUB COURT, KATTAPPANA APPELLANT/PLAINTIFF -------------- BIPHE TOURIST LINES, C.M.S COLLEGE ROAD, KOTTAYAM-1, A PARTNERSHIP FIRM REP. BY ITS PARTNER GEETHA RAJU, W/O.RAJU, RESIDING AT BIPHA HOUSE, MUTTAMBALAM KARA AND VILLAGE KOTTAYAM TALUK BY ADV. SRI.MATHEW JOHN (K) RESPONDENT/DEFENDANT --------------- LAKSHMIKUTTY AMMA, W/O.SANKARA PILLAI PUTHUPPARAMBIL HOUSE, THEKKADY KARA, KUMILY VILLAGE. ADV. SRI.C.K.VIDYASAGAR THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 26/03/2009, ALONG WITH CROSS APPEAL THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.1231/00 IN AS 127/00 DISMISSED 26/3/2009 SD/-M.SASIDHARAN NAMBIAR,JUDGE. //True copy// PA to Judge. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ A.S.NO. 127 OF 2000 and CROSS APPEAL ------------------------------------------ Dated 26th March 2009 JUDGMENT Plaintiff in O.S.311/1995 on the file of Sub court, Kattappana is the appellant. Defendant is the respondent. Appeal is filed challenging dismissal of the claim for specific performance of the agreement for sale. Respondent filed cross objections challenging the decree for realisation of advance amount, compensation and interest. 2. I.A.1158/2009 is jointly filed by appellant and respondent, signed by their counsel also, under Order XXIII Rule 3 of Code of Civil Procedure to record the compromise and dispose the appeal and cross appeal in terms of the compromise stating that they have settled the dispute. 3. I.A.1158/2009 is allowed. Compromise is recorded. Appeal and cross objections are disposed in terms of the compromise recorded in I.A.1158/2009. Compromise petition will form the part of the decree. AS 127/00 & cross objection 2 Refund half of the court fee paid on the memorandum of appeal as well as cross objection. M.SASIDHARAN NAMBIAR, JUDGE. uj. AS 127/00 & cross objection 3 ============================= M.SASIDHARAN NAMBIAR,J. JUDGMENT A.S.127/00 & CROSS APPEAL 26th March 2009 ============================