IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 AS.No. 336 of 2000(C) ----------------------------------------- OS.303/1995 of PRL.SUB COURT,THALASSERY .................... APPELLANT(S): PLAINTIFFS ----------------------------------------- 1. MUKREENTAKATH SUBAIDA, W/O. LATE ABDUL HAMEED HAJEE, AGED 25 YEARS, NO OCCUPATION, RESIDING AT MUKREENTAKATH HOUSE, IRIKKOOR AMSOM, AND DESOM, TALIPARAMBA TALUK. 2. SAFEENA, AGED 1 ½YEARS (MINOR), THROUGH GUARDIAN AND MOTHER MUKREENTAKATH SUBAIDA, W/O. ABDUL HAMEED HAJEEAGED 25 YEARS, NO OCCUPATION, RESIDING AT MUKREENTAKATH HOUSE, IRIKKOOR AMSOM AND DESOM, TALIPARAMBA TALUK. BY ADVS. SRI.C.KHALID SRI.N.GOPINATHA PANICKER RESPONDENT(S): DEFENDANTS ------------------------------------------------ *1. MADAPURAYIL JAMEEL, W/O. LATE ABDUL HAMEED HAJEE, AGED 53 YERS, NO OCCUPATION, RESIDING AT BRIGHT MAHAL, NEAR NEW BUS STAND, KANNUR TALUK, KANNUR DISTRICT.(DIED) *IT IS RECORDED THAT R1 DIED AND THAT R2TO R6 (ALREADY IN THE PARTY ARRAY) ARE HER LEGAL REPRESENTATIVES VIDE MEMO DTD. 14.5.1- , CF. 2492/10 AS PER ORDER DTD. 6.9.10. AS. NO.336/2000 2. KAMILA, D/O. LATE ABDUL HAMEED HAJEE, AGED 30 YEARS, NO OCCUPATION, RESIDING AT BRIGHT MAHAL, NEAR NEW BUS STAND, KANNUR TALUK, KANNUR DISTRICT. 3. KHARIYRUNNISA, D/O. LATE ABDUL HAMEED HAJEE, AGED 28 YEARS, NO OCCUPATION, RESIDING AT BRIGHT MAHAL, NEAR NEW BUS STAND, KANNUR TALUK, KANNUR DISTRICT, KANNUR 1. 4. SHAHANAS, D/O. LATE ABDUL HAMEED HAJEE, AGED 26 YEARS, NO OCCUPATION , RESIDING AT BRIGHT MAHAL, NEAR NEW BUS STAND, KANNUR TALUK, KANNUR DISTRICT, KANNUR 1. 5. SHAMNAS, D/O. LATE ABDUL HAMEED HAJEE (MINOR) AGED 12 YEARS, REP.BY GUARDIAN, MADAPPURAYIL JAMEELA, BRIGHT MAHAL, NEAR NEW BUS STAND, KANNUR TALUK, KANNUR DISTRICT, KANNUR 1. 6. SHUKKOOR, S/O. LATE ABDUL HAMEED HAJEE, AGED 20 YEARS, NO OCCUPATION RESIDING AT BRIGHT MAHAL, NEAR NEW BUS STAND, KANNUR 1. SUPPL. 7. SAIBUNNISSA, D/O. HUSSAIN, AGED 50 YEARS, NO OCCUPATION, RESIDING AT MADAPPURAYIL, NEAR OLD BUS STAND, KANNUR 1. 8. PALLIVALAPPIL RAZACK, S/O. MOIDEEN KUNHI, AGED 58 YEARS, NO OCCUPATION, RESIDING AT HAFSAS, THAYYIL, NEAR OLD VETTILA MUSJID, KANNUR TALUK, KANNUR 1. R1 TO R6 BY ADV. SRI.A.MOHAMED MUSTAQUE THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.3588/2001 IN AS. NO. 336/2000 DISMISSED 27/09/2010 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE SD/- P.BHAVADASAN, JUDGE TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- A.S.No.336 OF 2000 & I.A.Nos.1638 & 3407 OF 2010 ------------------------------------------- Dated this the 27th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The dispute between the parties have been settled and the compromise has been filed as I.A.1638/10. I.A.3407/10 is filed by the first appellant seeking leave to enter into the compromise on behalf of the second appellant, a minor. Having perused the affidavit filed in support of I.A.3407/10, we are satisfied that there is no conflict of interest between appellants 1 and 2. The first appellant is, therefore, granted leave as sought for in I.A.3407/10. The compromise in terms of I.A.1638/10 is recorded. Resultantly, the impugned decree will stand modified as follows: The decree and judgment of the trial court, excluding items 1 and 2 from partition, is confirmed and O.S.303/95 would stand AS.336/00 2 dismissed. Following this, there would be a final decree allotting items 3 and 4 to the share of respondents 2 to 6 as heirs of deceased Hameed Haji and deceased respondent No.1 and the amount of Rs.8 lakhs paid by respondents 2 to 6 shall be treated as share of appellants 1 and 2 in terms of clause 6 of the compromise. The compromise petition I.A.1638/10 will stand appended to the decree. The appeal is closed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.28/09.