IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 AS.No. 147 of 1998(B) ------------------------------- (AGAINST JUDGMENT DT. 24/02/97 IN O.S. 406/95 OF ADDL. SUB JUDGE, KOCHI) ............ APPELLANT/2ND DEFENDANT: --------------------------------------------- * RAMAKRISHNAN,S/O. CHENNAN, AGED 62 YEARS, KURUPPAM PADATH, ELAMKUNNAPUZHA MURI, ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK. *(DIED). *ADDL. APPELLANTS IMPLEADED: 2. KAUSALYA, W/O. RAMAKRISHNAN, RESIDING AT KURUPPUMPADATH HOUSE, ELAMKUNNAPUZHA MURI, ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. 3. LATHA SHINE, RESIDING AT POOTHARAYIL HOUSE, PONNURUNNI, VYTTILA.P.O., ERNAKULAM. 4. BHASI.K.R, RESIDING AT GALAXY EDIFICE, C-3, 5TH BLOCK, VAZHAKKALA, KAKKANAD, COCHIN. 5. SHINE K.R, RESIDING AT KURUMVALATH HOUSE, ELAMKUNNAPUZHA MURI, ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. 6. MANOJ K.R, -DO- -DO-. *THE ABOVE ADDL.A2 TO A6 ARE IMPLEADED AS THE LR'S OF DECEASED APPELLANT VIDE ORDER DT. 17/08/07 IN I.A. 2678/2007. BY ADVS. MR.R.RAJASEKHARAN PILLAI, MR.R. MADANAN PILLAI CHENKUR, SMT.JAYASREE MANOJ. RESPONDENTS/PLAINTIFF AND 1ST DEFENDANT: ------------------------------------------------------------------------ 1. GOPALAKRISHNAN, S/O. KRISHNANKUTTY, AGED 37, CHATHAN THARA, NAYARAMBALAM MURI, NAYARAMBALAM VILLAGE, KOCHI TALUK. A.S. NO.147/1998-B: 2. VENUGOPALAN, S/O KUMARAN, AGED 47 YEARS, CHATHANADU, ELAMKUNNAPUZHA MURI, ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK. R1 BY ADV. MR.T.H.ABDUL AZEEZ, R2 BY ADV. MR. GEORGE J. THACHATT. THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 07/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. == = = = = = = = = = = = = = = = = = = = = = = = = = = = = A.S. NO. 147 OF 1998 = = = = = = = = = = = = = = == = = = = = = = = = = = = = == = = = = = = = = = Dated this the 7th day of April, 2010 = = = = = = = = = = = = = = == = = = = = = = = = = = = = == = = = = = = = = = = = = J U D G M E N T This is an appeal preferred against the judgment and decree of the Additional Subordinate Judge, Cochin in OS No.406/1995. The suit was filed for specific performance of contract and the trial Court granted a decree for specific performance on depositing the balance consideration. It is against that decision, the 2nd defendant has come up in appeal. The 2nd defendant, who is the appellant died during the pendency of the appeal and has legal representatives had been impleaded as supplemental appellants 2 to 6. The 1st defendant and the plaintiff are the respondents in the appeal. Now the parties have compromised the matter by virtue of the order in I.A.No.1333 of 2010 which is recorded. As per the terms of the compromise, the plaintiff has received a consideration of Rs.2,75,000/- and has agreed to A.S. NO. 147 OF 1998 2 set aside the decree for specific performance or in other words, agreed for dismissal of the suit. Therefore, appeal is allowed and the judgment and decree passed by the trial Court is set aside and the suit is dismissed. The compromise shall form part of the decree. M.N. KRISHNAN, JUDGE nl