IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 RFA.No. 7 of 2004 ---------------------- OS.179/1999 of I ADDL.SUB COURT, ERNAKULAM .................... APPELLANT/4TH DEFENDANT: ----------------------------------- ELIZABETH GEORGE, AGED 61 YEARS, W/O.GEORGE VARGHESE, MALAYIL HOUSE, NALANCHIRA, THIRUVANANTHAPURAM. BY ADV. SRI. SHAJI P. CHALY RESPONDENTS/PLAINTIFF/DEFENDANTS: ------------------ 1. BEENA N.MADHU, AGED 32 YEARS, W/O.MADHU.M., 49/2072 A, EDAKKATTIL ROAD, DEVANKULANGARA, EDAPPALLY, COCHIN-24. 2. MALAYIL BANKERS, PAZHAYA ROAD, MEDICAL COLLEGE PO.., THIRUVANANTHAPURAM-11, REPRESENTED BY ITS PARTNER, SRI.GEORGE VARGHESE. (DELETED) 3. MALAYIL GROUP FUNDS, PAZHAYA ROAD, MEDICAL COLLEGE PO.., THIRUVANANTHAPURAM-11, REPRESENTED BY ITS PARTNER SRI.GEORGE VARGHESE. (DELETED) 4. GEORGE VARGHESE, S/O.VARGHESE, AGED ABOUT 62 YEARS, MALAYIL HOUSE, NALANCHIRA, THIRUVANANTHAPURAM. 5. PRINCE THOMAS, AGED 46 YEARS, S/O.THOMAS, RESIDING AT MALAYIL HOUSE, HOUSE NO.420, PRASANTH ROAD, ULLOOR, MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM-11 RFA.No. 7/2004 2 (THE NAMES OF R2 & R3 ARE DELETED FROM THE PARTY ARRAY VIDE ORDER DATED 9/7/04 ON I.A.2159/04) (THE NAMES OF R4 AND R5 ARE STRUCK OFF FROM THE PARTY ARRAY VIDE ORDER DATED 30.10.2008 IN I.A. No.4549/2008) ADV. SRI.V.M.KURIAN FOR R1 SRI.A.V.THOMAS FOR R1 SRI.MATHEW B. KURIAN FOR R1 SRI.K.T.THOMAS FOR R1 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. --------------------------------------- R.F.A. No. 7 OF 2004 --------------------------------------- Dated this the 30th day of October, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed against the judgment and decree in O.S.No.179/1999 on the file of the Sub Court, Ernakulam. I.A.No.4548/2008 is a petition filed by the parties setting out the terms of compromise, compromising the disputes between them. The appeal is disposed of in terms of the compromise as set out in I.A.No.4548/2008. The said I.A. will form part of the decree. In terms of the compromise, attachment ordered by the Sub Court, Ernakulam in I.A.No.1577/1999 in O.S.No.179/1999 is lifted. In view of the compromise, the appellant shall be entitled to refund of one half of the court fee. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp KURIAN JOSEPH & K.T. SANKARAN, JJ. R.F.A. No. 7 OF 2004 J U D G M E N T 30.10.2008