IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 AS.No. 777 of 1997 -------------------- OS.166/1994 of II ADDL.SUB COURT,ERNAKULAM .................... APPELLANT(S): DEFENDANTS NOS. 1 AND 4 -------------- 1. SMT.RATNAM, W/O LATE SREENIVASA SHENOY NAMBIATH PARAMBU, T.D.SOUTH GATE NEAR GOPALA PRABHU ROAD KOVILVATTOM DESOM, ERNAKULAM VILLAGE KANAYANNUR TALUK 2. S.VENKITESWARA SHENOY, SON OF LATE SREENIVASA SHENOY , DO. DO. BY ADV. SRI.B.RAMACHANDRAN RESPONDENT(S): PLAINTIFFS 1 TO 3 & DEFENDANTS 2, 3, 5 & 6 --------------- 1. S.BALAKRISHNA SHENOY, S/O LATE SREENIVASA SHENOY, NAMBIATHU PARAMBU, T.D.SOUTH GATE RESIDING AT NO.EWS-837, GANDHI NAGAR ERNAKULAM, ELAMKULAM VILLAGE, KANAYANNUR TALUK 2. BALAMANI, D/O LATE SREENIVASA SHENOY AND W/O. V. MURALEEDHARAN, OLIPARAMBIL, THUNDIPARAMBIL HOUSE, SANTHOSH LODGE LANE GOPALA PRABHU ROAD, ERNAKULAM 3. SULOCHANA, D/O LATE SREENIVASA SHENOY W/O V.M.SURENDRANATHA PRABHU, ALIAS V.M.S.PRABHU, VALIYAPARAMBIL HOUSE KURUPPANKULANGARA P.O. CHERTHALA - 688 551 A.S.NO.777/1997 4. S.GIRI SHENOY, S/O LATE SREENIVASA SHENOY T.C.23/941 II 'MINCHI', VALIYASALA KOCHAR ROAD II THIRUVANANTHAPURAM 695 036 5. N.S.BABY, D/O LATE SREENIVASA SHENOY AND W/O L.LAKSHMANA PAI, 12/112, PANAYAPPILLY CROSS ROAD, KOOVAPADAM, KOCHI 682 002 6. N.S.RAJAKUMAR ( ALIAS RAJAMANI), D/O LATE SREENIVASA SHENOI, W/O M.MURALI, EWS- 590 GANDHI NAGAR, ERNAKULAM, ELAMKULAM VILLAGE, KANAYANNUR TALUK 7. VIJAYA LAKSHMANA SHENOY, W/O LATE LAKSHMANA SHENOY, NAMBIATH PARAMBU T.D.SOUTH GATE, KOVILVATTOM ERNAKULAM,KOCHI 35,KANAYANNUR TALUK ADV. SRI.A.RAMAPRABHU SRI.JOMY GEORGE THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - A.S.No.777 OF 1997 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of February, 2010 JUDGMENT Basheer, J. When this appeal is taken up for consideration, it is submitted by the learned counsel for the parties that the matter has been settled out of court. A compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure is filed incorporating the terms of settlement. 2. Appellant No.2 has agreed to pay Rs. 50,000/- each to the respondents by way of full and final settlement of the entire dispute. On receipt of such payments, respondents would admit Exts.B2 and B3 documents and relinquish their right over the plaint schedule property in favour of appellant No.2. It is further agreed that appellant No.2 shall pay the aforesaid amount of Rs.50,000/- each to respondents 1 to 3 and 7 within six months from today and a similar amount will be paid to respondents 4 to 6 within one year from today. 3. It is further agreed that C.R.P.No.2132/2002 filed by appellant No.2 shall stand dismissed as infructuous in view of the A.S.No.777/1997 2 above compromise . 4. The parties and their respective counsel have signed the compromise petition which is taken on record. The compromise petition shall form part of the judgment and decree. If appellant No.2 fails to make the payment as agreed above, the decree and judgment of the court below shall prevail and this appeal will stand dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. A.S.No.777/1997 2