IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 RSA.No. 948 of 2004() --------------------- AS.92/1996 of SUB COURT, PAYYANNUR OS.131/1988 of MUNSIFF COURT, PAYYANNUR (IA 1350/94) .................... APPELLANT/APPELLANT/RESPONDENT-DEFENDANT -------------------------------------------------------- MAYI NARAYANAN, S/O.MATHI AMMA, AGED 60 YEARS, AGRICULTURIST, RESIDING AT VELLUR AMSOM AND DESOM, TALIPARAMBA TALUK, P.O.VELLUR. BY ADV. SRI.M.SASINDRAN SRI.T.P.ELDHO RESPONDENTS/RESPONDENTS/PETITIONERS-PLAINTIFFS: ---------------------------------------------------------------- 1. MAYI KUNHATHI, AGED 64 YEARS, AGRICULTURIST, D/O.MATHI AMMA, RESIDING AT VELLUR AMSOM DESOM, TALIPARAMBA TALUK, P.O.VELLUR, KANNUR DISTRICT. * (died LRS impleaded) 2. MAYI LAKSHMI, AGED 58 YEARS, D/O.MATHI AMMA, PAYYANNUR AMSOM DESOM, TALIPARAMBA TALUK. 3. MAYI JANAKI, AGED 54 YEARS, D/O.MATHI AMMA, RESIDING AT VELLUR AMSOM DESOM, TALIPARAMBA TALUK, P.O.VELLUR, KANNUR DISTRICT. 4. MAYI NARAYANI, AGED 51 YEARS, D/O.MATHI AMMA, RESIDING AT VELLUR AMSOM DESOM, TALIPARAMBA TALUK, P.O.VELLUR, KANNUR DISTRICT. 5. MAYI BALAKRISHNAN, AGED 49 YEARS, S/O.MATHI AMMA, RESIDING AT PAYYANNUR AMSOM DESOM, TALIPARAMBA TALUK, P.O.VELLUR, KANNUR DISTRICT. RSA.No. 948 of 2004 2 Additional respondents 6 to 10: 6. MOHANAN, AGED 47 YEARS, S/O.MAYI KUNHATHI, VELLUR AMSOM DESOM, TALIPARAMBA TALUK, P.O.VELLUR, KANNUR DISTRICT. 7. THAMBAN, AGED 44 YEARS, S/O.MAYI KUNHATHI, VELLUR AMSOM DESOM, TALIPARAMBA TALUK, P.O.VELLUR, KANNUR DISTRICT. 8. PUSHPAVALLY, AGED 40 YEARS, D/O.MAYI KUNHATHI, VELLUR AMSOM DESOM, TALIPARAMBA TALUK, P.O.VELLUR, KANNUR DISTRICT. 9. BABU, AGED 38 YEARS, S/O.MAYI KUNHATHI, VELLUR AMSOM DESOM, TALIPARAMBA TALUK, P.O.VELLUR, KANNUR DISTRICT. 10. THANKAMANI, AGED 35 YEARS, S/O.MAYI KUNHATHI, VELLUR AMSOM DESOM, TALIPARAMBA TALUK, P.O.VELLUR, KANNUR DISTRICT. Additional respondents 6 to 10 impleaded as the LRS of deceased R1 as per order dated 27/7/2009 in I.A.No.1401/09 in R.S.A ADV. SRI.M.B.PRAJITH FOR R2 TO 5 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ----------------------------------- R.S.A.No.948 OF 2004 ------------------------------------- Dated this the 27th day of July, 2009 JUDGMENT The defendant in the suit is the appellant herein. The suit was filed for partition. The trial court passed a preliminary decree for partition of plaint A & B schedule properties, divided into six equal shares and allotted 5/6 shares to the plaintiffs. The trial court also declared that the defendants are entitled to one fifth share. The defendant filed first appeal. The preliminary decree was confirmed in appeal. Thereafter the trial court passed a final decree and judgment and the same was confirmed in appeal by the appellate court in A.S.No.92/1996. 2. During the pendency of the second appeal, the parties entered into a settlement and finally decided to settle the dispute. When the matter was taken up for hearing the parties filed I.A.No.1665/2009 requesting this court to withdraw O.S.No.131/1988 on the file of the Munsiffs Court, Payyannur. On the basis of the compromise the partition deed was executed pending appeal. In the circumstances the terms of compromise recited in I.A.No.1665/2009 is recorded. A decree is passed in R.S.A.No.948 OF 2004 2 terms of the compromise and the compromise petition shall form part of the decree. HARUN-UL-RASHID, JUDGE skj.