IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 RSA.No. 1386 of 2004() ---------------------- AS.31/2000 of I ADDL. DISTRICT COURT, PALAKKAD OS.148/1997 of MUNSIFF'S COURT, ALATHUR .................... APPELLANT(APPELLANT/PLAINTIFF): ------------------------------------------------------- RAJAGOPALAN, S/O. SUBRAMANIA PILLAI, RESDIING AT KIZHAKKETHARA, VANDAZHY AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT(S): (RESPONDENTS/DEFENDANTS): ---------------------------------------------------------------------------- 1. SUBRAMANIA PILLAI, S/O. PONNAN PILLAI, RESIDING AT KIZHAKKETHARA, VANDAZHI AMSOM & DESOM, ALATHUR TALUK, PALAKKAD DISTRICT. 2. VELUMANI, S/O. SUBRAMANIA PILLAI, RESIDING AT KIZHAKKETHARA, VANDAZHI AMSOM & DESOM, ALATHUR TALUK, PALAKKAD DISTRICT. 3. GOPALAKRISHNAN, S/O. SUBRAMANIA PILLAI, RESDING AT KIZHAKKETHARA, VANDAZHI AMSOM & DESOM, ALATHUR TALUK, PALAKKAD DISTRICT. 4. VELAYUDHAN, S/O. KUNJAN, RESDING AT MARUTHAMPADAM, VANDAZHI AMSOM, ALATHUR TALUK. (D I E D). Kss ..2/- ..,2.... RSA.NO.1952/2006 5. SUSEELA, D/O. CHAMI PILLAI, RESDING AT KIZHAKKETHARA, VANDAZHI AMSOM, ALATHUR TALUK. *ADDL.R6 TO R10 IMPLEADED: R6. SUDEVAN, S/O. LATE VELAYUDHAN. R7. KUNJAN, S/O.LATE VELAYUDHAN. R8. KRISHNAN, S/O.LATE VELAYUDHAN. R9. SOMAN, S/O.LATE VELAYUDHAN. R10. NARAYANAN, S/O. LATE VELAYUDHAN. SUPPLEMENTAL RESPONDENTS 6 TO 10 ARE RESIDING AT MARUTHAMPADAM HOUSE, VANDAZHI AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. *ADDL.R6 TO R10 ARE IMPLEADED AS THE LEGAL HEIRS OF THE DECEASED 4TH RESPONDENT AS PER ORDER DTD. 19/07/2010 IN IA.NO.1952/2006. R1 TO R3 BY ADV. SRI.K.J.GEORGE KUNNUMPURATH, R5 , 6 & 9 BY ADVS. SRI.SAJAN VARGHEESE K., SRI.LIJU. M.P., SRI.M.V.BIPIN. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.539/2007 IN RSA.NO.1386/2004 DISMISSED 19/07/2010 SD/- P.BHAVADASAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss P.BHAVADASAN, J. ------------------------------------- RSA No.1386 of 2004-F ------------------------------------- Dated 19th July 2010 Judgment The learned counsel for the appellant has filed a compromise petition in which it is submitted that the dispute between the parties has been settled and a compromise has been signed by the parties. Therefore, it is prayed that the comprise may be accepted and a decree may be passed in terms of the compromise petition. 2. It is seen that a compromise petition has been filed. It is accepted. Accordingly, this appeal is allowed, the Judgment and decree of the courts below are set aside and a decree is passed as per the terms of the compromise petition. The terms of the compromise and the petition shall form part of the decree. There will be no order as to costs. P.BHAVADASAN, JUDGE sta 2 3