IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 SA.No. 205 of 1996(G) ---------------------------------- AS. NO.98/1991 OF THE DISTRICT COURT, KOZHIKODE. OS. NO.13/1988 OF THE ADDL. IST SUB COURT, KOZHIKODE. APPELLANT(S): RESPONDENT/ PLAINTIFF ------------------------------------------------------------- PARAMBALATH SURENDRAN, S/O. CHOYI, KUNNAM VEETTIL, CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK. BY ADVS. SRI.D.KRISHNA PRASAD SRI.JOJI VARGHESE SRI.M.HARISHARMA SRI.D.NARENDRANATH RESPONDENT(S): APPELLANTS/ DEFENDANTS -------------------------------------------------------------------- *1 MARTHANDAN, S/O. SANKU (DIED) 2. N.PREMA, W/O. MARTHANDAN. RESPONDENTS ARE RESIDING AT MARAMVEETTIL, KASABA AMSOM AND DESOM, KOZHIKODE TALUK. ADDL. R3 TO R5 IMPLEADED. 3. KALADHARAN, S/O. MARTHANDAN, RESIDING AT ATHIKKOTTU PARAMBU, NEAR SUB JAIL, POST PUTHIYARA, KOZHIKODE 673 004. 4. CHITHRAPRASAD, S/O. MARTHANDAN, RESIDING AT ATHIKKATTU PARAMBU, NEAR SUB JAIL, POST PUTHIYARA, KOZHIKODE 673 004. S.A. NO.205/1996 5. ROOP RAJ, S/O. MARTHANDAN, RESIDING AT ATHIKKATTU PARAMBU, NEAR SUB JAIL, POST PUTHIYARA, KOZHIKODE 673 004. ADDL. RESPONDENTS 3 TO 5 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF DECEASED IST RESPONDENT AND IT IS ALSO RECORDED THAT 2ND RESPONDENT IS ONE OF THE LEGAL REPRESENTATIVE OF DECEASED IST RESPONDENTAS PER ORDER DTD. 17.7.09 IN IA. 1022/09. R2 TO R5 BY ADV. SRI.P.R.VENKETESH THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.525/1996 IN S.A. NO. 205/1996 DISMISSED 28/09/2010 SD/- HARUN-UL-RASHID, JUDGE TRUE COPY P.A. TO JUDGE tss HARUN-UL-RASHID, J. ------------------------ S.A.No.205 Of 1996 ---------------------- Dated this the 28th day of September, 2010. J U D G M E N T The plaintiff in O.S.No.13 of 1988 on the file of the Additional Sub Court I, Kozhikode, is the appellant. The appeal is directed against the judgment and decree in A.S.No.98 of 1991 on the file of the Additional District Court, Kozhikode. During the pendency of this appeal, parties to the suit amicably settled the disputes between them. Parties filed I.A.No.2475 of 2010 for recording the compromise and to pass a decree in terms of the compromise. 2. The parties to the suit settled the disputes by an out of court settlement. The terms of settlement is recorded in the compromise petition. The terms of compromise entered in I.A.No.2475 of 2010 is recorded. The said terms shall form part of the decree. The appellant is entitled to one half of the court fee. The appeal is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-