IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 RSA.No. 577 of 2007() --------------------- AS.160/2004 of ADDITIONAL DISTRICT COURT-II, MAVELIKKARA OS.204/1996 of MUNSIFF COURT, MAVELIKKARA .................... APPELLANT/APPELLANT/DEFENDANT NO.3: -------------------------------------------------- GEORGE SAMUEL, S/O.LATE G. SAMUEL, BETHEL COTTAGE, MUTTOM SOUTH, MAVELIKKARA, REPRESENTED BY POWER OF ATTORNEY THOMSON.K.THOMAS, KIDANGALIVALLIYATH BUNGLOW, KALAYAPURAM P.O., KOTTARAKARA. BY ADV. SRI.K.HARILAL SRI.R.GOPAN RESPONDENT(S): RESPONDENT/PLAINTIFF: ------------------------------------ INDIAN PENTA COSTAL CHURCH OF GOD, SHALEM CHURCH, MAVELIKKARA, REPRESENTED BY ITS PASTOR O.T.THOMAS, IPC, SHALEM CHURCH, MAVELIKARA. ADV. SRI.P.R.VENKETESH THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2010, ALONG WITH RSA NO. 1061 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- R.S.A.Nos.1061 of 2006 & 577 of 2007 -------------------------------------- Dated this the 8th day of January, 2010. JUDGMENT These appeals concern judgment and decree in O.S.No.204 of 1996 of the court of learned Munsiff, Mavelikkara. That is a suit for declaration of title and injunction filed by the plaintiff. After the death of defendant Nos.1 and 2 their legal representative, defendant No.3 filed a counter claim. Trial court granted decree in favour of the plaintiff and dismissed the counter claim. The decree in the suit and the dismissal of the counter claim were challenged in A.S.No.160 of 2004. First appellate court allowed the appeal in part. Plaintiff has come up in R.S.A.No.1061 of 2006 while R.S.A.No.577 of 2007 is filed by defendant No.3. 2. Parties have settled their dispute outside the court and filed compromise vide I.A.No.3049 of 2009 in R.S.A.No.577 of 2007. 3. I have heard counsel on both sides. It is requested by counsel on both sides that these appeals may be disposed of in terms of the compromise. RSA Nos.1061/2006 & 577/2007 2 Accordingly, the compromise is accepted and recorded. These appeals are disposed of in terms of the compromise (vide I.A.No.3049 of 2009 in R.S.A.No.577 of 2007). The compromise shall form part of the decree of this Court. Parties will be entitled to refund of court fee as provided under the relevant law. I.A.No.1926 of 2008 in R.S.A.No.1061 of 2006 and I.A.No.1200 of 2007 in R.S.A.No.577 of 2007 will stand dismissed. THOMAS P.JOSEPH, Judge. cks