IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 SA.No. 498 of 1998(A) ------------------------------- A.S.NO.105/1996 of IIND ADDITIONAL SUB COURT,ERNAKULAM O.S.NO.1598/1992 of IST ADDITIONAL MUNSIFF'S COURT,ERNAKULAM .................... APPELLANT/RESPONDENT/ PLAINTIFF --------------------------------------------------------- ACHUTHA MENON, S/O.MEENAKSHI AMMA, AGED 68, MULLAPILLIL, EROOR DESOM, NADAMA VILLAGE,KANAYANNUR THALUK. BY ADV. SRI.M.RAVIKUMAR RESPONDENT/APPELLANT/DEFENDANT ----------------------------------------------------------- M.S.MENON, AGED 69,S/O.CHAKYATH RAMAN MENON, RESIDING AT MUNDEATH “SRUTHI”, RAVIPURAM DESOM, ERNAKULAM VILLAGE, KANAYANNUR THALUK. BY ADVS. SRI.T.M.XAVIER SRI.V.J.JOHN SRI.T.X.SYAM JOSEPH THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S.A.NO.498/1998 ORDER ON C.M.P.NO.1370/1998 IN S.A.NO.498/1998 DISMISSED 07/03/2011 SD/-P. BHAVADASAN, JUDGE /TRUE COPY/ P.A.TO.JUDGE sts P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - S.A. No. 498 of 1998 & I.A. No.633 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of March, 2011. JUDGMENT It is unnecessary to go into the details of the case since a compromise petition has been filed before this court by the parties. 2. O.S.1598 of 1992, which was a suit for injunction, was decreed by the trial court. In appeal, the lower appellate court reversed the same. 3. I.A.633 of 2011 is filed before this court pointing out that a decree may be passed in terms of the compromise. After going through the compromise petition, it is felt that the compromise can be accepted. Accordingly, the compromise is accepted. The decree of the lower appellate court is set aside recording the compromise and the decree of the trial court is restored on the following terms: S.A.498/1998. 2 “As the title deed of the defendant (Ext.P7) and his prior title deeds (Exts.A8 & A9) do not take in the plaint schedule property comprised of 7 cents 350 square links in survey number 57/4 of Thiruvamkulam Village and as he has already assigned his property adjoining the plaint schedule property comprised of 31.875 cents in Sy. No.57/3 pending suit as per Ext.A3 in 1993, he hereby withdraws all his contentions and claims over the plaint schedule property accepting the appellant's rights and claims therein; The respondent - defendant hereby declares that he has hither-to not trespassed over the plaint schedule property and he has no intention to trespass over it or obstruct the appellant - plaintiff or commit any act of waste therein hereafter also; Both parties mutually agree that nothing remains to be settled or decided between them in the above case except as stated above.” S.A.498/1998. 3 The appeal is disposed of as above. The compromise petition shall form part of the decree. There will be no order as to costs. P. BHAVADASAN, JUDGE sb.