IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 RFA.No. 384 of 2007() --------------------- AS.106/1998 of ADDL.DISTRICT COURT (ADHOC), KASARAGOD OS.39/1988 & OS.45 /1990 of SUB COURT, HOSDRUG .................... APPELLANTS/DEFENDANTS 4 TO 8 AND 10 ---------------------------------------------------- 1. PUTHIYA PURAYIL KUNHIRAMAN, AGED 62 YEARS, 2. PUTHIYA PURAYIL KRISHNAN, AGED 57 YEARS, 3. PUTHIYA PURAYIL NARAYANAN, AGED 52 YEARS, 4. PUTHIYA PURAYIL GOVINDAN, AGED 47 YEARS, 5. PUTHIYA PURAYIL KARUNAKARAN, AGED 42 YEARS, 6. PUTHIYA PURAYIL KARTHYANI, AGED 32 YRS, (THE APPELLANTS ARE CHILDREN OF VERICHERI RAMAN, HINDUS, AGRICULTURISTS, ALL ARE RESIDING AT CHEEMENI VILLAGE OF HOSDURG TALUK, P.O.CHEEMENI.) BY ADV. SRI.D.KRISHNA PRASAD RFA.No.384/07 RESPONDENTS: PLAINTIFFS AND DEFENDANTS 1,3 AND 9 ------------------------------------------------ 1. KOTTALA VEETTIL PARVATHI AMMA, AGED 62 YEARS, D/O. MANI AMMA, AND W/O. MAVATH KRISHNAN MARAR, HINDU, AGRICULTURIST, RESIDING AT PILICODE VILLAGE OF HOSDURG TALUK, P.O.PILICODE, (PLAINTIFF). 2. KARIMBIL KRISHNAN, AGED 48 YEARS, S/O. MADHAVI AMMA, HINDU, AGRICULTURIST, RESIDING AT NHANDADI IN KAYYUR VILLAGE OF HOSDURG TALUK, P.O.KAYYUR. (1ST DEFENDANT). 3. VADAKKE PURAYIL KUNHIRAMAN ( Deleted) AGED 48 YEARS, S/O. KAPPANAKKAL KORAN, HINDU, AGRICULTURIST, RESIDING AT KOZHUMMAL IN PERALAM AMSOM AND DESOM OF PERALAM VILLAGE OF TALIPARAMBA TALUK, P.O.PERALAM. (3RD DEFENDANT). 4. PUTHIYA PURAYIL KUMARAN, AGED 47 YEARS, S/O. VERICHERI RAMAN, HINDU, AGRICULTURIST, RESIDING AT CHEEMENI VILLAGE OF HOSDURG TALUK. SUPPLEMENTAL RESPONDENTS 5 TO 13: 5. KOTTALA VEETTIL KARTHYAYANI ( AGED 52 YEARS) 6. KOTTALA VEETTIL KUNHIKRISHNAN, (AGED 49 YEARS), (DEAD) 7. KOTTALA VEETTIL MOHANAN, (AGED 45 YEARS), 8. KOTTALA VEETTIL MURALI, (AGED 38 YEARS), 9. KOTTALA VEETTIL NARAYANAN, (AGED 35 YEARS), 10. KOTTALA VEETTIL REMA, (AGED 28 YEARS), 11. BHARGAVI, AGED 45 YEARS, 12. DHANYA, AGED 20 YEARS, RFA.No.384/07 13. DHANESH, AGED 18 YEARS, Third respondent deleted from the party array as per order dated 18-01-2008 in I.A.No.4700/07 BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------- R.F.A.No.384 of 2007 ------------------------------------ Dated this the 18th day of January, 2008 JUDGMENT Raman, J. Appeal arises out of suit No.45/90 on the file of Sub Court, Hosdurg filed by the first respondent herein. During the pendency of the appeal first respondent died and the surviving legal heirs are respondents 3 to 10. The suit is one for injunction decreed by the trial court. It is stated that during the pendency of this appeal, parties have settled their dispute. Both the parties along with their counsel have filed a joint compromise petition settling their dispute and prayed that the judgment and decree be set aside and appeal be disposed of. We have heard both sides. In the facts and circumstances of the case, compromise is recorded and the appeal is allowed and the suit is decreed in terms of the compromise. The compromise shall stand annexed to this order. One half of the court fee shall be refunded. (P.R.RAMAN, JUDGE) (V.K.MOHANAN, JUDGE) sv.