IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 SA.No. 509 of 1998(B) --------------------- AS.No.74/1994 of II ADDL.SUB COURT,KOZHIKODE OS.No.808/1989 of ADDL.M.C.,KOZHIKODE-II .................... APPELLANT-1ST RESPONDENT-1ST DEFENDANT: ----------------------------------------------------------------------- K.DASAN, S/O.UNNIKKANDAN, AGED 54 YEARS, RESIDING AT KUZHIPPALLY, KOLANGATHPARAMPU.P.O.., KOLATHARA, CHERUVANNUR AMSOM DESOM, KOZHIKODE. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE RESPONDENTS: APPELLANT & RESPONDENTS 2 & 3- --------------------- PLAINTIFF & DEFENDANTS 2 & 3 1. K.K.SARASWATHI, D/O.PENNUTTY, AGED 44 YEARS, KODAKKATT KOYARKANDU, CHERUVANNUR AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE. 2. K.CHANDRAN, S/O.UNNICHUNDAN, NIRANILAMPARAMPIL, NALLALAM.P.O., CHERUVANNUR AMSOM, NALLALAM DESOM, KOZHIKODE TALUK, KOZHIKODE. 3. K.RADHA, D/O.UNNICHUNDAN, NIRANILAMPARAMBIL, NALLALAM.P.O., CHERUVANNUR AMSOM, NALLALAM DESOM, KOZHIKODE TALUK, KOZHIKODE. ADV. SRI.A.P.CHANDRASEKHARAN, SENIOR ADVOCATE SMT.PRABHA R.MENON SRI.PUSHPARAJAN KODOTH SRI.M.KRISHNAKUMAR(MOHANKUMAR ASSOCIATES THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ----------------------------------- S.A.No.509 of 1998 ------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT This is a compromise petition filed by the appellant and the first defendant under Order XXIII Rule 3 of the C.P.C. The parties to this petition settled the dispute between them. It is also reported that defendants 2 and 3 are not having any rights in the plaint schedule property and they are not parties to this compromise petition. The terms of compromise were recorded in the petition. The said terms are recorded and shall form part of the decree. The appeal is disposed of as above. HARUN-UL-RASHID, JUDGE skj.