IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 AS.No. 145 of 1999(A) --------------------- OS.1/1986 of SUB COURT, TIRUR .................... APPELLANTS: (PLAINTIFFS):- --------------------------------- 1. MATHILANCHERI CHERIYA RAMAN'S CHILDREN GOPINATHAN, 22 YEARS. 2. ANANDAN. 3. PEETHAMBARAN (MINOR) BY GUARDIAN 7TH APPELLANT 4. DINESAN (MINOR) BY GUARDIAN 7TH APPELLANT 5. MANOJ (MINOR) BY GUARDIAN 7TH APPELLANT 6. PANKAJAVALLI (MINOR) BY GUARDIAN 7TH APPELLANT 7. MATHILANCHERI CHERIYA RAMAN'S WIFE THANKAMU, APPELLANTS ARE RESIDING AT THENHIPPALAM AMSOM AND DESOM IN TIRUR TALUK. BY ADV. SRI.T.KRISHNANUNNI SRI.C.M.MOHAMMED IQUABAL RESPONDENT (DEFENDANT):- ---------------------------------- MATHILANCHERI CHARUTTY'S SON CHAKKU, VELIMUKKU AMSOM DESOM IN TIRUR TALUK. (DIED) ADDL. R2 TO R6 ARE IMPLEADED. R2. M. GOPALAN, S/O. LATE CHAKKU, VELIMUKKU AMSOM DESOM TIRUR TALUK, MALAPPURAM DISTRICT. A.S. No. 145/1999 : 2 : R3. M. RAVEENDRAN, S/O. LATE CHAKKU, VELIMUKKU AMSOM DESOM TIRUR TALUK, MALAPPURAM DISTRICT. R4. M. SAROJINI, D/O. LATE CHAKKU, VELIMUKKU AMSOM DESOM TIRUR TALUK, MALAPPURAM DISTRICT. R5. M. VALSALA, D/O. LATE CHAKKU, VELIMUKKU AMSOM DESOM TIRUR TALUK, MALAPPURAM DISTRICT. R6. A.M. SARADA, W/O. LATE CHAKKU, VELIMUKKU AMSOM DESOM TIRUR TALUK, MALAPPURAM DISTRICT. LEGAL REPRESENTATIVES OF THE DECEASED 1ST RESPONDENT ARE IMPLEADED AS ADDL. R2 TO R6 AS PER ORDER DATED 24.07.2009 IN I.A. NO. 2340 OF 2009 ADV. SMT.PREETHY KARUNAKARAN SMT.M.R.MINI SRI.G.SREEKUMAR (CHELUR) FOR ADDL.R THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- A.S. No. 145 of 1999 ------------------------------------------------------------ Dated this the 6th day of August, 2009. JUDGMENT The plaintiffs in O.S. No. 1 of 1986 on the file of the Sub Court, Tirur are the appellants in this appeal. The said suit was one for recovery of possession on the strength of the plaintiffs' title in respect of 5 items of immovable properties. Pending suit, the plaintiffs abandoned their claim in respect of item Nos.2 to 5. The surviving dispute was regarding item No.1. Pending this appeal, the parties have squared up the dispute regarding plaint schedule item No.1. They have filed a joint petition as I.A. No. 2730 of 2009 signed by the parties and their counsel. The said compromise is recorded and as desired by the parties, the judgment and decree passed by the court below are set aside and a decree directing recovery of possession of plaint schedule item No.1 is passed in favour of the appellants/plaintiffs. No costs. This appeal is disposed of as above. Dated this the 6th day of August, 2009. V. RAMKUMAR, JUDGE. Rv V. RAMKUMAR, J. ------------------------------------ A.S. No. 145 of 1999 ---------------------------------------- 6th day of August, 2009. JUDGMENT