IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 RFA.No. 105 of 2006(E) ---------------------- OS.70/1997 of SUB COURT, MANJERI .................... APPELLANT/2ND DEFENDANT: --------------------------------------------- GEORGEKUTTY, S/O. P.E. KUNJACHAN, AGED 49, RESIDING AT PANDIKASALAYIL HOUSE, EDAKKARA AMSOM DESOM, PALAMKARA P.O., NILAMBUR TALUK. BY ADV. SRI.J.S.AJITHKUMAR SRI.S.ASWAKUMAR SRI.ASOK.V.K. RESPONDENT(S): PLAINTIFF AND DEFENDANTS 3 TO 5: ------------------------------------------------------------------------------ 1. JOYIKUTTY, S/O. LATE P.E. KUNJACHAN, AGED 52, PANDIKASALAYIL HOUSE, EDAKKARA AMSOM DESOM, P.O. PALANKARA, NILAMBUR TALUK. 2. THANKAMMA, D/O. LATE P.E. KUNJACHAN AGED 44, MULAMOOTTIL HOUSE, VEETTIKUTTY, P.O. NOLAMBUR. 3. ANNAMMA, D/O. LATE P.E. KUNJACHAN, PUTHENPURACKAL HOUSE, P.O. MOOTHEDAM, EDAKKARA AMSOM DESOM, NILAMBUR TALUK. 4. KUNJAMMA, W/O. ACHANKUNJU, VALILYAPARAMBIL HOUSE, P.P. NALLAMTHANNI, EDAKKARA AMSOM, DESOM, NILAMBUR TALUK. ADV. SMT.K.V.RESHMI FOR R1 SMT.C.S.SULEKHA BEEVI FOR R1 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A. No. 105 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2009. JUDGMENT Bhavadasan, J, It is pointed out that parties have settled the differences between them and a compromise has been entered by them. The parties seek a decree in terms of the compromise. The decree of the court below is set aside and a decree is passed in the following terms: (i) As per the partition deed No.2758/09 dated 12.5.2009 of S.R.O.,Edakkara, out of the plaint schedule property in Sy.No.1279/3 of Edakkara village, plot No.A, having an extent of 60.70 Ares (1.5 Acres) of property, is allotted to the plaintiff in the suit. (ii) Plot No.B, having an extent of 1.0117 hectares (2.5 Acres), has been allotted to the second defendant in the suit, who is the appellant in the appeal. (iii) It is agreed to between the parties that all claims in respect of the cause of litigation have been settled between the parties and there are no further grievances to any of the parties. R.F.A.105/2006. 2 (iv) The compromise petition as well as the plan appended thereto along with the document will be treated as part of the decree. P.R. Raman, Judge P. Bhavadasan, Judge sb.