IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 SA.No. 42 of 2002() --------------------------- OS.308/1979 of ADDL.MUNSIFF COURT,NEDUMANGAD AS.231/1990 of III ADDL. DISTRICT COURT, TRIVANDRUM .................... APPELLANT(S): 3RD RESPONDENT ADDL. RESPONDENTS 6 TO 9/3RD PLAINTIFF ----------------------- LR'S OF 2ND PLAINTIFF 1. SAROJINI LILLI, PUSHPAM, AGED 58, CHENNATTUKUZHI, THEKKUMKARA VEEDU, VALIYARA MURI, VELLANAD VILLAGE. 2. LISSY DARLING AGED 27, CHENATTUKUZHI, THEKKUMKARA VEEDU, VALIYARA MURI, VELLANAD VILLAGE. 3. FREDDY JOY, AGED 26, CHENNATHUKUZHI, THEKKUMKARA VEEDU, VALIYARA MURI, VELLANAD VILLAGE. 4. LANSY AGED 25, CHENATHUKUZHI, THEKKUMKARA VEEDU, VALIYARA MURI, VELLANAD VILLAGE. 5. FREDA, AGED 24, CHENNATHUKUZHI, THEKUMKARA VEEDU, VALIYARA MURI, VELLANAD VILLAGE. (2ND RESPONDENT/2ND PLAINTIFF DIED) BY ADV. SRI.D.KISHORE RESPONDENT(S): ADDL. APPELLANTS (LRS OF ORIGINAL APPELANT), ------------------------ RESPONDENTS 4 & 5 / DEFENDANTS 2 AND 3 LRS OF IST DEFENDANT. 1. SADHU SUNDER SINGH G., AGED 32, CHENATTUKONAM, THEKKUMKARA PUTHEN VEEDU, URIYAKKODU P.O., VELLANAD. SA. NO.42/2002 2. PUZHPA SINGH J., AGED 30, ROADARIKATHU PUTHEN VEEDU, POTHEMCODE, URIYAKKODU. 3. VIJAYA SINGH J., AGED 18, ROADARIKATHU PUTHEN VEEDU, POOTHEMCODE, URIYAKKODU. * 4. DASAN NADAR JOHNSON NADAR, AGED 55, HUSBAND OF 1ST DEFENDANT, PUTHENKOTTU, MEKKUMKARA PUTHEN VEEDU, VALIYARA MURI, VELLANADU VILLAGE. (EXPIRED) *IT IS RECORDED THAT THE 4TH RESPONDENT EXPIRED AND HIS LEGAL REPRESENTATIVES ARE ALREADY IN THE PARTY ARRAY AS RESPONDENTS 1 TO 3, AS PER ORDER DTD. 18.8.2010 IN MEMO CF'S 2429/2002 & 5376/02 DTD. 24.6.2002 AND 27.8.02 RESPECTIVELY. 5. G.NEPPOLIYAN AGED ABOUT 35, PUTHENKOTTU, MEKKUMKARA PUTHEN VEEDU, VALIYARA MURI, VELLANAD VILLAGE. (IST RESPONDENT/ IST PLAINTIFF DIED). R1 TO R5 BY ADV. SRI.K.B.PRADEEP THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.BHAVADASAN, J. ------------------------- S.A No.42 of 2002 -------------------------- Dated this the 18th August, 2010 J U D G M E N T Learned counsel on both sides submitted that a compromise petition has been filed stating that the matter has been settled out of court. It is prayed that the compromise be accepted and a decree be passed in terms of the compromise filed before this Court. 2. I have gone through the compromise petition filed before this Court. There is no reason to reject the same. In the result, the appeals is allowed. The judgment and decree of the courts below are set aside and a decree is passed accepting the compromise filed before this Court. The terms of the compromise shall form part of the decree and it shall be appended to the decree. No order as to costs. P.BHAVADASAN, JUDGE ma R.S.A No. 2