IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 FAO.No. 124 of 2011() --------------------- AS.149/2006 of SUB COURT, NEDUMANGAD OS.18/2005 of ADDL.MUNSIFF COURT,NEDUMANGAD .................... APPELLANTS/RESPONDENTS 1 TO 8/PLAINTIFFS: ---------------------------------------------------------------------- 1. GEETHA,D/O.VIJAYAMMA,AGED 41 YEARS, PRAKASHA MANDIRAM,PARUTHIKUZHI,UZHAMALKKAL VILLAGE. 2. CHANDRAKUMARY,D/O VIJAYAMMA,AGED 49 YRS, PRAKASHA MANDIRAM,PARUTHIKUZHI, UZHAMALKKAL VILLAGE. 3. JAYAKUMARY,D/O.VIJAYAMMA,AGED 47 YEARS, PRAKASHA MANDIRAM,PARUTHIKUZHI,UZHAMALKKAL VILLAGE. 4. (KRISHNAKUMARY,D/O.VIJAYAMMA,AGED 44 YRS (DIED) 5. JAYASREE,D/O.VIJAYAMMA,AGED 37 YEARS, PRAKASHA MANDIRAM,PARUTHIKUZHI,UZHAMALKKAL VILLAGE. 6. ASWATHY,D/O.CHANDRAKUMARY,AGED 20 YEARS, PRAKASHA MANDIRAM,PARUTHIKUZHI, UZHAMALKKAL VILLAGE. 7. KEERTHI,D/O.LATE KRISHNAKUMARI, AGED 11 YEARS,PRAKASH MANDIRAM,PARUTHIKUZHI, UZHAMALKKAL VILLAGE REPRESENTED BY THE IST APPELLANT,HER MOTHERS SISTER. 8. POORNIMA,D/O.JAYASREE VIJAYAMMA, AGED 14 YEARS,PRAKASHA MANDIRAM,PARUTHIKUZHI, UZHAMALKKAL VILLAGE REPRESENTED BY HER MOTHER JAYASREE THE 5TH APPELLANT. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): APPELLANTS 1 TO 3 AND RESPONDENTS 9 TO 12/DEFENTS ------------------------------------------------------------------------------------------- 1. VALSALAKUMARY,D/O.BHARGAVI,AGED 50 YEARS MELETHIL VEEDU,KARIPOOR VILLAGE,NEDUMANGADU TALUK. 2. SHYLAJAKUMARI,D/O.BHARGAVY,AGED 47 YEARS KERALA UNIVERSITY QUARTERS,KARIYAVATTOM,FROM KRISHNAVILASAM VEEDU,CHANTHAVILA,KARIPPOR VILLAGE, NEDUMANGADU TALUK. 3. USHAKUMARY,D/O.BHARGAVY,AGED 47 YEARS, KRISHNAVILASAM VEEDU,CHANTHAVILA,KARIPOOR VILLAGE, NEDUMANGADU TALUK. 4. REMYA,D/O.USHAKUMARI,AGED 18 YEARS, KRISHNAVILASAM VEEDU,CHANTHAVILA,KARIPOOR VILLAGE, NEDUMANGADU TALUK. 5. THE VETERINARY SURGEON,VETERINARY HOSPITAL NADUMANGADU. (DELETED) 6. THE DIRECTOR,VETERINARY DEPARTMENT, THIRUVANANTHAPURAM. (DELETED) 7. STATE OF KERALA,REPRESENTED BY CHIEF SECRETARY,THIRUVANANTHAPURAM. (DELETED) RESPONDENTS 5 TO 7 ARE DELETED FROM THE ARRAY OF THE RESPONDENTS IN THE FAO AT THE APPELLANTS' RISK AS PER ORDER DTD.24/10/2011 IN I.A. 3003/11. ADV. SRI.THIRUMALA P.K.MANI FOR R1-4 THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 124 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of November, 2011. JUDGMENT In this appeal the judgment dated 8.9.2010 in A.S. 149 of 2006 remanding the matter to the trial court for fresh consideration has been challenged. 2. It is unnecessary to go into the details for the simple reason that a joint statement has been filed by the appellants and respondents stating that they have entered into a compromise and settled the matter. On gong through the statement it is found that there is no reason why it should not be accepted. 3. Therefore, accepting the compromise entered into between the parties, the judgment and decree of the lower appellate court are set aside and the judgment of the trial court is restored. It is also directed that the trial court may pass a final decree in accordance with the plan and report submitted by the Commissioner in the suit. The FAO.124/2011. 2 compromise will form part of the decree. There will be no order as to costs. P. BHAVADASAN, JUDGE sb.