IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 FAO.No. 112 of 2007() --------------------- AGAINST THE ORDER DATED 12/01/2007 IN EP 46/01,EA 135/05 IN OS.407/1987 of SUB COURT,KOTTARAKKARA .................... APPELLANT/FIRST JUDGEMENT DEBTOR ------------- GOPINATHAN, G.S.NIVAS, PORADOM MURI, CHADAYAMANGALAM VILLAGE. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENTS: DECREE HOLDER AND JUDGEMENT DEBTORS 2 & 3 ------------------ 1. MAHARASHTRA APEX CORPORATION LTD., MANIPAL. * 2. P.K.VARGHESE, PARAVILA PUTHEN VEEDU, KOTTARA, MEEYANNOOR VILLAGE. (DELETED) * 3. VISWANATHAN NAIR, VADAKKEVILA VEEDU, MALAYIL, VELIYAM VILLAGE. (DELETED) (RESPONDENTS 2 & 3 ARE REMOVED FROM THE PARTY ARRAY AS PER ORDER DATED 1.2.2008, IN I.A.No.413/2008) BY ADV. SRI.S.R.DAYANANDA PRABHU SRI.M.V.THAMBAN SRI.K.V.ANIL KUMAR THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- F.A.O.No. 112 of 2007 ------------------------------- Dated this the 1st February, 2008. J U D G M E N T When the matter is taken up for hearing, it is submitted by both sides that the matter has been settled out of Court. They have filed a compromising petition which has been recorded by me today. So, the appeal is to be disposed of in terms of compromise. In the result, the appeal is allowed. The order dismissing E.A.No.135/2005 in E.P.No.46/2001 in O.S.No.407/1987 is hereby set aside. E.A.No.135/2005 is allowed and sale of immovable properties in E.P.No.46/2001 is set aside. This appeal is disposed of in terms of compromise entered into between the parties. The terms of compromise will form part of the decree. Appellant is allowed to withdraw an amount of Rs.50,000/= deposited by him before the court below, in pursuance of the order passed by this Court, in I.A.No.1349/2007, dated 4.4.2007. K.PADMANABHAN NAIR, JUDGE nj.