IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 SA.No. 892 of 1995(F) ------------------------------ AS.180/1993 of DISTRICT COURT, PALAKKAD OS.40/1974 of PRL.MUNSIFF COURT, PALAKKAD .................... APPELLANT(S): APPELLANTS 3 AND 4/ RESPONDENTS 18 & 22 ------------------------ 1. ANTONI RAJ, S/O. ALBUTHASWAMY, CANALPIRIVU, PAMPAMPALLAM POST. 2. S.JOSEPH, S/O. SAVARIAR, CANALPIRIVU, PAMPAMPALLAM POST. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS RESPONDENT(S): (RESPONDENTS 2 TO 51 AND APPELLANTS 1 & 2/FINAL ------------------------- DECREE PETITIONER & RESPONDENTS 5 TO 9, 11 TO 15, 20 TO 43, 45 TO 58 & RESPONDENTS. *1 MICHEAL, S/O. SILVASTHIRI, NEELIPPARA, KOZHIPPARA POST. (DIED) @2 THOBIAS, S/O. SILVASTHIRI, NEELIPPARA, KOZHIPPARA POST.(DIED) 3. ARUL JOSEPH, S/O. INNASIMUTHU, SILVASTHIRI VEEDU, NEELIPPARA, KOZHIPPARA P.O. 4. AROKIASWAMY, S/O. INNASIMUTHU, SILVASTHIRI VEEDU, C/O. SIVASAKTHI. 5. MANNUEL, S/O. INNASIMUTHU, SILVASTHIRI VEEDU, ATTAPPALAM, POST PAMPAMPALLAM. S.A. NO.892/1995 6. ALBUTHAMARI, W/O. AMBROSE, SILVASTHIRI HOUSE, NEELIPPARA, KOZHIPPARA P.O. 7. ALPHONSE MARY, D/O. AMBROSE, SILVASTHIRI VEEDU, NEELIPPARA, KOZHIPPARA P.O. 8. MARIA SELVAM , D/O. AMBROSE, SILVASTHIRI VEEDU, NEELIPPARA, KOZHIPPARA P.O. 9. RANJITHA MARY, D/O. AMBROSE, SILVASTHIRI VEEDU, NEELIPPARA , KOZHIPPARA P.O. 10. AROGYASWAMY, S/O. AMBROSE, SILVASTHIRI VEEDU, NEELIPPARA, KOZHIPPARA P.O. **11. SOURIAR, S/O. SAIVARIMUTHU, ATTUKKARAN VEEDU, NILAMPATHY (TEA SHOP), PAMPAMPALLAM POST . (DIED) 12. SIVASUBRAMANIAN, S/O. PAZHANISWAMY GOUNDER, CHENNIYOOR POST, (VIA) VADAKKIPALAYAM, POLLACHI TALUK , TAMIL NADU. 13. VASANTHAMANI, W/O. SIVASWAMY GOUNDER, UPPUKUZHI, PAMPAMPALLAM POST. 14. ARKATHAMMAL, W/O. SIVASUBRAMANIA GOUNDER, UPPUKUZHI, PAMPAMPALLAM POST. 15. ANTHONISWAMY, S/O. MICHEAL, CANALPIRIVU, KOTTIVEEDU, PAMPAMPALLAM POST. 16. LOUIS MARY, W/O. MICHEALRAJ, KUNJAPPANCHALLA, PAMPAMPALLAM POST. 17. ANTONY PAULRAJ, S/O. MICHEALRAJ, KUNJAPPANCHALLA, PAMPAMPALLAM POST. 18. JOSEPH ARULRAJ, S/O. MICHEALRAJ, KUNJAPPANCHALLA, PAMPAMPALLAM POST. 19. RANJITHA MARY ALIAS REGINA MARY, W/O. MARIA JOSEPH, KOTTIL KARA VEEDU, PARISAKKAL, POST PARISAKKAL. S.A. NO.892/1995 20. LAZAR, S/O. ANTHONIMUTHU, H-72, NEW DENA BANK VIJAYACHOWK, LAKSHMI NAGAR, NEW DELHI – 92. 21. AROGYA MARY VIMALA, W/O. STANISLAUS ALIAS THAMPI, KULAMUTHAN VEEDU, KANALPIRIVU, PAMPAMPALLAM . 22. XAVIER AMALRAJ, S/O. ANTHONIMUTHU, SILVASTHIRI VEEDU, NEELIPPARA, KOZHIPPARA POST. 23. WILLAIM YESUDAS, S/O. ANTHONIMUTHU, SILVASTHIRI VEEDU, NEELIPPARA , KOZHIPPARA POST. *24. POOMATHU MARY, W/O. ANTHONIMUTHU, SILVASTHIRI VEEDU, NEELIPPARA, KOZHIPPARA, KOZHIPPARA POST. (DIED). *RESPONDENTS 19 TO 23 ARE RECORDED AS LR'S OF DECEASED 24TH RESPONDENT NAMELY POMATHU MARY AS PER ORDER DTD. 11.11.08 IN MEMO BEARING C.F. 5481/08. 25. JOSEPH PETER, S/O. HIRUDAYASWAMY, RESIDING AT DO. DO. 26. JAGASEELI MARY, D/O. HIRUDAYASWAMY, RESIDING AT DO. DO. 27. ROSHLINA MARY, D/O. HIRUDAYASWAMY, RESIDING AT DO. DO. 28. ARULMUTHUSWAMY, S/O. HIRUDAYASWAMY, RESIDINGA TSS DO.D O. 29. MARTIN AROGYARAJ, S/O. HIRUDAYASWAMY, RESIDING AT DO. DO. 30. AMALOONPOOMERI, W/O. HIRUDAYASWAMY, RESIDING AT DO . DO. 31. MADHALAIMARY, D/O. NEETHIAPPAN, RESIDING AT NEELIPPARA, ERANADAPPARAPATHY VILLAGE, CHITTUR TALUK. 32. LAKSHMI, W/O. THANGAVEL, PARAMANANTHAMCHALLA, PAMPAMPALLAM POST. 33. VALLIAMMAL, W/O. ARUMUGHAN, CANALPIRIVU, PAMPAMPALLAM POST, KUNIYAMUTHURKARAN VEEDU. 34. PAZHANIAMMAL, D/O. ARUMUGHAN, RESIDING DO.DDO. S.A. NO.892/1995 35. SUBRAMANIAN, S/O. ARUMUGHAN, RESIDING AT DO. DO. 36. RAJAMMAL, D/O. ARUMUGHAN, RESIDING AT. DO. DO. 37. JOTHYMANI, D/O. ARUMUGHAN, RESIDING AT DO. DO. 38. NAVAMANI, D/O. ARUMUGHAN, RESIDING AT DO. DO. 39. PADMANABHAN, S/O. ARUMUGHAN, RESIDING AT. DO.DO. 40. SARASWATHY, D/O. ARUMUGHAN, RESIDING AT DO. DO. 41. RAJAMANIKKAMMAL, W/O. SELVAMUTHU, SILVASTHIRI VEEDU, MANGALATHANCHALLA, PAMPAMPALLAM POST. 42. POULOSE, S/O. SELVAMUTHU, RESIDING AT DO. DO. 43. ANTHONI, AMMAL, D/O. SELVAMUTHU, RESIDING AT DO. DO. 44. MARY PHILOMINA, D/O. SELVAMUTHU, RESIDING AT DO. DO. 45. FRANCIS XAVIER, S/O. SELVAMUTHU, RESIDING AT DO. DO. 46. MARTIN ANTONY RAJ, S/O. SELVAMUTHU, RESIDING AT DO. DO. 47. JOEMERY DESMAND, S/O. PUSHPARAJ, MANGALATHANCHALLA, PAMPAMPALLAM POST. 48. HENDRY DERNAS, S/O. PUSHPARAJ, RESIDING AT DO. DO. 49. STEPHEN, S/O. PUZHPARAJ, RESIDING AT DO. DO. 50. ANTONY PUSHPARAJ, S/O. PUSHPARAJ, (MINOR) RESIDING AT DO. DO. 51. A.DORAIRAJ, S/O. ALBUTHASWAMY, CANALPIRIVU, PAMPAMPALLAM POST. 52. HIRDHAYA MARY, W/O. A.ANTONY RAJ, CANALPIRIVU, PAMPAMPALLAM POST. ADDL. R53 TO R61 IMPLADED. 53. SELVARAJ, S/O. MICHAEL, NEELIPPARA, POST KOZHIPPARA, CHITTUR TALUK, PALAKKAD DISTRICT. S.A. NO.892/1995 54. LOURDUMARY, W/O. LAZAR MASTER, NEELIPPARA POST KOZHIPPARA, CHITTUR TALUK PALAKKAD DISTRICT. 55. VINCENT, S/O. MICHAEL, NEELIPPARA, POST KOZHIPPARA , CHITTUR TALUK, PALAKKAD DISTRICT. 56. KOLANDAI THERESA, W/O. JAMES, PUNGAN DURAI, POST PARISAKKAL, VIA. KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 57. BENJAMIN, S/O. MICHAEL, NEELIPPARA, POST KOZHIPPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 58. KOLANDAIRAJ, S/O. MICHAEL, NEELIPPARA, POST KOZHIPPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 59. JOHN PUSPAM, S/O. MICHAEL, NEELIPPARA, POST KOZHIPPARA CHITTUR TALUK, PALAKKAD DISTRICT. 60. SILVESTER CHARLES, S/O. MICHAEL NEELIPPARA, POST KOZHIPPARA , CHITTUR TALUK, PALAKKAD DISTRICT. 61. PACKIA JOTHY, W/O. ANTHONI SWAMY, 11/3, AMBIKA LAY OUT, SIDDHAPUDUR, COIMBATORE 44, TAMIL NADU. *ADDL. R53 TO R61 ARE IMPLEADED AS THE LR'S OF DECEASED IST RESPONDENT , MICHAEL VIDE ORDER DTD. 27.8.2009 IN IA. 2056/2008. @ ADDL.R62 TO R67 IMPLEADED. 62. DHANA SEELI, W/O. THOBIAS, NEELIPPARA, POST KOZHIPPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 63. ABEL ABRAHAM, S/O. THOBIAS, NEELIPPARA, POST KOZHIPPARA, CHITTUR TALUK,PALAKKAD DISTRICT. 64. FRANCIS, S/O. THOBIAS, NEELIPPARA, POST KOZHIPPARA, CHITTUR TALUK, PALAKKAD DISTRICT. S.A. NO.892/1995 65. PIOUS JOSEPH, S/O. THOBIAS, NEELIPPARA, POST KOZHIPPARA , CHITTUR TALUK, PALAKKAD DISTRICT. 66. CELIN STELLA, W/O. MICHAEL, CHINNAMANIYAM VEEDU, NEELIPPARA, POST KOZHIPPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 67. VELANKANNI MARY, W/O. P.MANIKKAM, 299/KALYANA SUNDARAM STREET, OLD RAILWAY STATION ROAD, ERODE-2, TAMIL NADU. @ADDL. R62 TO R67 ARE IMPLEADED AS THE LR'S OF THE DECEASED 2ND RESPONDENT, THOBIAS VIDE ORDER DTD. 27/8/09 IN IA. 2059/2008. ** R68 IMPLEADED. 68. MARY, W/O. LATE SOURIAR, ATTUKKARAN VEEDU, NILAMPATHY (TEA SHOP), POST PAMPAMPALLAM, PALAKKAD DISTRICT. **ADDL. R68 IS IMPLEADED AS THE LR OF THE DECEASED R11 VIDE ORDER DTD. 27.8.09 IN IA. 2057/08. R31 BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON FOR R51 & 52 BY ADVS. SRI.D.KRISHNA PRASAD, SRI.D.NARENDRANATH, SRI.JOJI VARGHESE SRI.N.N.SUGUNAPALAN, SR.ADV. FOR 7 TO 10, 11,19,20 & 23, 25 TO30, 42,43,45,& 46 & 53 TO 67. ADVS. SRI.K.RAMESH SRI.S.SUJIN THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2010, ALONG WITH SA NO. 115 OF 1996 SA NO.146 OF 1996 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - S.A. Nos. 892 of 1995, 115 & 146 of 1996 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of June, 2010. JUDGMENT These three appeals arise from O.S.40 of 1974 on the file of the Munsiff's Court, Palakkad, which is a suit for partition. It is unnecessary to go into the details for the simple reason that these appeals can be disposed of on a very short point as agreed to by the counsel appearing for the parties. 2. The legal heirs of the person, who died during the pendency of these appeals, have been brought on the party array. 3. As already noticed, O.S. 40 of 1974 was a suit for partition, in which a preliminary decree was passed. Final decree proceedings were initiated and it appears that the parties had entered into a compromise, based on which final decree was passed by the trial court. It so happened that even prior to the institution of the suit, some of the sharers had alienated the S.A.892/95 & con.cases. 2 properties and the appellants before this court are such alienees. They sought to get themselves impleaded in the final decree proceedings pointing out that the properties that may be set apart to their assignors would be those properties, which were assigned to them. 4. It did not find favour with the trial court and the appellate court. Thereafter, it seems that some persons objected to the compromise and wanted to resile from the same. The appellate court observed that the appellants can work out their remedies in an independent proceedings. Aggrieved by that observation, the alienees have come up before this court. 5. Before this court also initially a compromise was entered into by the parties and a compromise petition had been filed. Later on, respondent No.31 in S.A.115 of 1996 brought to the notice of this court that she is not a signatory to the compromise and she is not willing to accept the terms of compromise. That means the compromise cannot be accepted. S.A.892/95 & con.cases. 3 6. Learned counsel appearing for the appellants then pointed out that it is unnecessary to go into the merits of the case for the simple reason that the grievance voiced by the appellants is only that the properties sold in their favour and which have been set apart to the sharers may be allowed to be taken possession of by the alienees. An observation to that effect will be sufficient to dispose of the appeals. 7. This submission of the learned counsel for the appellants in all the appeals was not taken objection to by any of the respondents or their counsel. 8. In the light of the above submission, it is unnecessary to go into the details, nor it is necessary to set aside the decrees. All the parties before this court are aggreable to accept the final decree passed by the trial court. It is submitted that in the final decree now passed, the properties sold to the appellants have been set apart to the shares of those sharers, who have sold the properties to them. No objection is taken to this aspect by any of the S.A.892/95 & con.cases. 4 parties before this court. Therefore, all that is necessary is to direct the trial court to ensure that the properties set apart to those sharers, who have alienated those properties to the appellants, may be allowed to be taken possession of by the appellants in the present proceedings itself. No prejudice is caused to the parties by issuing the above direction. Subject to the above direction, final decree stands confirmed. These appeals are disposed of as above. There will be no order as to costs. P. BHAVADASAN, JUDGE sb.