IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 RSA.No. 438 of 2005() --------------------- AS.246/2003 of DISTRICT COURT, KOTTAYAM IP.3/2000 of PRL.SUB COURT,KOTTAYAM .................... APPELLANTS/ APPELLANTS/COUNTER PETITIONERS 2 & 3 ------------------------------------------------------------------ 1. JOSE MARIYIL, S/O.MATHAI, MARIYIL HOUSE, KAPIKKADU KARA, MUTTUCHIRA VILLAGE, VAIKKOM TALUK, KOTTAYAM DISTRICT. 2. SECHIKO KODERA, W/O.JOSE MARIYIL, MARIYIL HOUSE, KAPIKKADU KARA, MUTTUCHIRA VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. (BOTH ARE REP. BY THEIR P/A HOLDER, JACOB.M.M., S/O.MATHAI, MARIYIL HOUSE, MANKULAM (POST), MUNIPARA KARA, CHITHIRAPURAM (VIA),IDUKKI DISTRICT BY ADV. SRI.SANTHEEP ANKARATH SRI.ROY GEORGE SRI.P.P.SURESHKUMAR RESPONDENTS: RESPONDENTS/PETITIONERS & COUNTER PETITIONER NO.1 ------------------------------------------------------------------------------------- 1. K.V.GEORGE, S/O.VARKEY, KOCHUPOOVATHUNKAL HOUSE, VELLASSERRY KARA, KADUTHURUTHY VILLAGE, KOTTAYAM DISTRICT. 2. JACOB MATHEW, PROPRIETOR, VELLASSERY GLASS HOUSE, MANALEL HOUSE, VELLASSERY KARA, KADUTHURUTHY VILLAGE, KOTTAYAM DISTRICT. 3. KURIAN, S/O.ULAHANNAN, VENGALIL HOUSE, ERAVIMANGALAM KARA, MUTTUCHIRA VILLAGE, NOW RESIDING AT THURUTHIKKATTU HOUSE, EDANADU KARA, VALLICHIRA VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.P.N.MOHANAN FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.850/2005 IN RSA NO.438/2005 9.4.2008 DISMISSED Sd/- M.Sasidharan Nambiar Judge /true copy/ P.S to Judge M.SASIDHARAN NAMBIAR,J. =========================== R.S.A. NO. 438 OF 2005 =========================== Dated this the 9th day of April, 2008 JUDGMENT This appeal was filed by the counter petitioners 2 and 3 in I.P 3/2000. Respondents 1 and 2 are the petitioners in the I.P. before Sub Court, Kottayam who filed the insolvency petition to declare third respondent an insolvent person. He was ex parte before the trial court as well as the first appellate court. He did not appear before this court also. The trial court declared third respondent an insolvent and official receiver was directed to take possession of the petition schedule property which was purchased by appellants herein from the third respondent. Now petitioners in the insolvency petition respondents 1 and 2 herein and the counter petitioners 2 and 3 to whom third respondent who was an adjudged insolvent sold the property, appellants settled the dispute and filed I.A.929/08 to record the compromise. R.S.A.438/05 2 Petition was signed by respondents 1 and 2 the petitioners in the insolvency petition as well as appellants counter petitioners 2 and 3 and their counsel. As per the compromise the dispute between appellants and respondents 1 and 2 were settled amicably and respondents 1 and 2 have relinquished all claims in respect of the disputed property the property purchased by appellants from third respondent. In such circumstance, I.A.929/08 allowed. The appeal is allowed in terms of the compromise petition and the order in I.P.3/00 on the file of Sub Court, Kottayam as confirmed in A.S.246/03 is set aside to the extent relate to the property covered under Ext.A5 sale deed dated 8.11.1999 executed by third respondent in favour of appellants. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006