IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 RFA.No. 81 of 2010(C) ------------------------------- [OS.NO.556/2008 OF SUB COURT,ERNAKULAM] .................... APPELLANT: PLAINTIFF: ------------------------------------ KUNJAMMA PAPPU, W/O.V.J.PAPPU, RESIDING AT V.M.RESIDENCY, POONITHURA, TRIPUNITHURA, ERNAKULAM DISTRICT. BY SRI.M.C.SEN, SENIOR ADVOCATE, ADVS. SRI.RAM MOHAN.G, SRI.G.P.SHINOD. RESPONDENT/DEFENDANT: ----------------------------------------- V.J.VAKKACHAN, S/O.JOSEPH, VATTATHARA HOUSE, POONITHURA POST, TRIPUNITHURA, ERNAKULAM DISTRICT. BY ADVS. SRI.M.NARENDRA KUMAR, SMT.LAYA SIMON. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= R.F.A. No. 81 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 24th day of November, 2010 JUDGMENT Basheer, J. When this appeal was taken up for consideration on an earlier occasion, we directed the parties to appear before the court in order to explore the possibility of an amicable settlement. On their appearance, we interacted with them. 2. It is heartening to note that both sides, who are very close relatives, have buried the hatchet and settled the outstanding dispute out of court. 3. It is brought to our notice that a petition for compromise under Order XXIII Rules 3 of the Code of Civil Procedure, signed by the appellant, respondent and their respective counsel has been filed incorporating the terms of compromise. 4. The respondent has agreed to pay a sum of Rs.150 lakhs to the appellant by way of full and final settlement of RFA81/2010 2 the entire outstanding liability in connection with the partnership business. It is further agreed by the respondent that he would pay the first instalment of Rs.50 lakhs to the appellant on or before December 24, 2010. The appellant agrees that in case the respondent is not able to make payment of the said instalment before the due date, the respondent would be entitled to get enlargement of time for making payment till January 8, 2011. 5. The second instalment of Rs.100 lakhs is agreed to be paid by the respondent on or before May 24, 2011. On receipt of the entire amount of Rs.150 lakhs from the respondent, the appellant shall execute a deed of retirement from the partnership. It is further agreed by the appellant that she would execute all other necessary documents to be presented before the authorities under the Indian Partnership Act. 6. Since the other terms of compromise have been incorporated in the petition, we do not deem it necessary to RFA81/2010 3 refer to them. It is made clear that the compromise petition (I.A.No.4316 of 2010) shall form part of the decree. A decree shall be passed in terms of the above compromise. Half court fee shall be refunded to the appellant. The appeal is disposed of in the above term. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.