IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 SA.No. 442 of 2002 ---------------------- AS.84/2000 of SUB COURT, CHERTHALA OS.781/1997 of PRL.MUNSIFF COURT, CHERTHALA .................... APPELLANT: APPELLANTS/2ND DEFENDANTS & LR'S OF 1ST DEFENDANT: -------------------------------------------------------------------------------- 1. NARAYANI, W/O. LATE SREEDHARAN, VADAKKE ALATHARA HOUSE, CHANDIROOR MURI, AROOR VILLAGE, CHERTHALA TALUK. 2. LALITHA, D/O. LATE SREEDHARAN, KIZHAKKE MADATHIVELI HOUSE, THANNEERMUKHOM NORTH VILLAGE, CHERTHALA. 3. SUDHARSAN, S/O. LATE SREEDHARAN, CHIRAYIL PARAMBIL HOUSE, EZHUPUNNA VILLAGE, CHERTHALA. 4. PUSHPAN, S/O. LATE SREEDHARAN, ALATHARA HOUSE, AROOR VILLAGE, CHERTHALA. 5. LALU ALATHARA, S/O. LATE SREEDHARAN, VADAKKE ALATHARA HOUSE, CHANDIROOR, AROOR VILLAGE, CHERTHALA. 6. YAMUNA, D/O. LATE SREEDHARAN, VALIYACHIRAYIL HOUSE, KUDAVACHOOR VILLAGE, ALAPUZHA. 7. OMANAKUTTAN, S/O. LATE SREEDHARAN, ALATHARA HOUSE, CHANDIROOR MURI, AROOR VILLAGE, CHERTHALA. 8. SURABHI, D/O. LATE SREEDHARAN, ALATHARA HOUSE, CHANDIROOR MURI, AROOR VILLAGE, CHERTHALA. 9. AMBILY, D/O. LATE SREEDHARAN, ALATHARA HOUSE, CHANDIROOR MURI, AROOR VILLAGE, CHERTHALA. BY ADV. SRI.JOHN JOSEPH(ROY) SRI.G.N.NAIR RESPONDENT: RESPONDENT/PLAINTIFF: -------------------------------------------- GIRIJA, KANDEKATTU NIKARTHIL, ERAMALLOOR MURI, EZHUPUNNA VILLAGE, CHERTHALA. BY ADV. SRI.DEEPU THANKAN FOR R THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ----------------------------------------------------- S.A. No 442 of 2002 ----------------------------------------------------- Dated this the 5th September 2008 JUDGMENT It is submitted that parties have settled the matter and that compromise signed by the first appellant and the sole respondent and also their counsel has been filed before this court agreeing for the appeal being allowed setting aside the decree passed by the trial court in favour of the respondent and further agreeing that the appellants have no objection in the respondent getting back the amount deposited by her before the court below towards balance sale consideration, registration charges and other charges and also agreeing that the appellants are entitled to get back the kudikidappu purchase certificate with respect to the schedule property produced before the Munsiff's Court by the respondent and that application for return of document will not be opposed by the respondent. The compromise is to be recorded and the appeal is to be allowed as it is to the benefit of the appellants though appellants 2 to 9 are not SA 442/02 2 signatories to the settlement. Hence compromise is recorded and this appeal is allowed and the decree passed by the trial court decreeing the suit in favour of the respondent is hereby set aside. Sd/- K.P. BALACHANDRAN Judge 05/09/2008 en Order on CMP Nos 1388 & 2021 of 2002 ------------------------------------------------------ Dismissed. Id./- K.P.Balachandran,Judge 06/09/2008 [true copy] SA 442/02 3 K.P. BALACHANDRAN, J. S.A. No 442 of 2002 JUDGMENT 06/09/2008