IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 AFA.No. 51 of 2002() -------------------- AGAINST THE JUDGEMENT/ORDER IN AS.374/1992 DATED 7/08/2001 .................... O.S.NO.30/1990 OF SUB COURT, HOSDURG ...... APPELLANT(S): APPELLANT/DEFENDANT: ----------------------------------------------------------------- MANIMAL KAROT JOSEPH, S/O.V.T.JOSEPH, AGED 54 YEARS, CHRISTIAN,AGRICULTURIST, THATCHARAKADAVU,P.O.BALAMATTODU,HOSDURG TALUK. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): RESPONDENT/PLAINTIFF: ------------------------------------------------------------------- P.N.PURUSHOTHAMA SHIBAROORAYA, S/O.NARAYANA SIVAROORAYA,HINDU,AGRICULTURIST, RESIDING AT PANOTHODY IN PANATHODY VILLAGE, P.O. RANIPURAM. ( D I E D). *SUPPLEMENTAL RESPONDENTS 2 TO 5 IMPLEADED: R2. P.NIRMALA SHIBAROORAYA,AGED 53 YEARS, W/O.LATE P.N.PURUSHOTHAMA SHIBAROORAYA, LAXMI NIVAS, PERUTHADI, P.O.RANIPURAM, KASARAGOD DISTRICT. R3. P.SANATHANA SHIBAROORAYA, AGED 29 YEARS, S/O.LATE P.N.PURUSHOTHAMA SHIBAROORAYA, (ADDRESS SAME AS ABOVE) Kss ..2/- ...2..... AFA.NO.51/2002 R4. SAVITHA PRAKASH, AGED 28 YEARS, D/O.LATE P.N.PURUSHOTHAMA SHIBAROORAYA, (ADDRESS SAME AS ABOVE). R5. SANITHA PADMANABHAN, AGED 26 YEARS, W/O.LATE P.N.PURUSHOTHAMA SHIBAROORAYA, (ADDRESS SAME AS ABOVE). (*ADDL.R2 TO R5 IMPLEADED AS PER ORDER DTD. 30/11/2006 IN I.A.NO.2229/2006 AS LEGAL HEIRS OF THE DECEASED RESPONDENT) ADDL.R2 TO R5 BY ADV. SRI.K.V.SOHAN THIS APPEAL FROM FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON CMP.NO.3695/2002 IN AFA NO.51/2002 CLOSED 6/09/2010 SD/- THOTTATHIL B.RADHAKRISHNAN,JUDGE SD/- P.BHAVADASAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ AFA No.51 of 2002 & IA No.2249/10 in AFA ------------------------------------------------------------------------ Dated 6th September 2010 Judgment Thottathil.B.Radhakrishnan, J. The disputes between the parties in this appeal are settled out of court and they have filed a compromise petition - IA No.2249/10. The same is recorded and the impugned decree stands set aside. The compromise petition will form part of the Judgment and the parties will be governed by the terms of the compromise petition. The appeal is ordered accordingly. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta 2 3