IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 RSA.No. 133 of 2010(G) --------------------- AS.161/2008 of ADDL. DISTRICT COURT (ADHOC-I), KOTTAYAM OS.448/2004 of ADDL.MUNSIFF COURT,KOTTAYAM .................... APPELLANTS- APPELLANTS/DEFENDANTS ----------------------------------------- 1. C.T.SUSHAMMA, W/O.PURUSHOTHAMAN, THADATHIL HOUSE, KUNNAPPALLY KARA, PANACHICKADU VILLAGE. 2. T.K.PURUSHOTHAMAN, DO. DO. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS-RESPONDENTS-PLAINTIFFS: ----------------------------------- 1. ALEYAMMA, W/O.KURIAKOSE, THAYYIL HOUSE, KUNNAPPALLY KARA, PANACHIKADU VILLAGE, KOTTAYAM DT. 2. K.K.MANI, THAYYIL HOUSE, DO. DO. 3. ANNAMMA MATHEW, D/O.KURIAKOSE, DO. DO. 4. LEELAMMA, D/O.KURIAKOSE, DO. DO. 5. K.K.BABY, S/O.KURIAKOSE, DO. DO. 6. SUSAN, D/O.KURIAKOSE, DO. DO. ADV. SRI.M.J.THOMAS FOR R1-6 THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- R.S.A.No.133 of 2010 and I.A.No.895 of 2010 --------------------------------------- Dated this 31st day of March, 2010 JUDGMENT The appeal arises from judgment and decree of learned Additional District Judge, Kottayam in A.S.No.161 of 2008 confirming judgment and decree of learned Additional Munsiff, Kottayam in O.S.No.448 of 2004. As per judgment and decree under challenge respondents are permitted to recover possession of plaint schedule item No.2 and the building thereon from the appellants on payment of the sum of Rs.1,32,576/-. It is submitted by counsel on both sides that the parties have settled dispute outside court and accordingly filed I.A.No.895 of 2010. As per settlement respondents have agreed to pay the appellants Rs.1,75,000/- which takes in the sum of Rs.1,32,576/- ordered by the courts below. Appellants have unconditionally undertaken to give vacant possession of plaint schedule item No.2 property and building thereon to the respondents on or before 30-04-2010. Appellant No.2 has filed an affidavit in this court undertaking to deliver possession of plaint A schedule item No.2 and the building thereon to the respondents on or before 30-04-2010. The compromise is accepted and recorded. R.S.A.No.133 of 2010 and I.A.No.895 of 2010 : 2 : Resultantly the second appeal is disposed of in terms of the compromise and a decree is passed modifying the decree under challenge and embodying the terms and conditions of the compromise which shall form part of the decree. (THOMAS P JOSEPH, JUDGE) Sbna/-