IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 RSA.No. 1017 of 2005() ---------------------------- AS.89/1996 of SUB COURT, TIRUR OS.218/1991 of MUNSIFF COURT,PARAPPANANGADI .................... APPELLANT/APPELLANT/PLAINTIFF: ------------------------------------------- * 1. MOIDEENKUTTY, S/O. MUHAMMED HAJI, KOTHENGATH THAYYIL HOUSE, P.O. PANANGATOOR, VIA. TANUR, MALAPPURAM DISTRICT.(DIED LR'S IMPLEADED) * ADDL. APPELLANTS IMPLEADED (A2 TO A10) 2. KUNNATH AYISUMMA, AGED 70, W/O.LATE MOIDEEN KUTTY, KOTHNGATHU THAYIL HOUSE, PANAGATTOR P.O., TANOOR, MALAPPURAM DISTRICT. 3. SATHAR K.T. S/O. LATE MOIDEEN KUTTY, KOTHNGATHU THAYIL HOUSE, PANAGATTOR P.O., TANOOR, MALAPPURAM DISTRICT. 4. MUHAMMED HANEEFA K.T., S/O.LATE MOIDEEN KUTTY, KOTHNGATHU THAYIL HOUSE, PANAGATTOR P.O., TANOOR, MALAPPURAM DISTRICT. 5. RUBEENA, W/O. SHIHAD, MADUKAL (H), B.P.ANGADI, KODAKKALP.O., TIRUR, MALAPPURAM DISTRICT. 6. SUBAIDA, W/O.ASHRAF, MADUKAL(H), B.P.ANGADI, KODAKKALP.O., TIRUR, MALAPPURAM DISTRICT. 7. BUSHARA, W/O.ABDUL MUNEER, CHAKKALAPARAMBIL, THEYYALA P.O., MALAPPURAM DISTRICT. 8. SAJITHA, W/O. ABDUL RASAK, MANNOOMPARAMBIL, KODINJI P.O., MALAPPURAM DISTRICT. 9. SAFIYA, W/O. ABDUL MAJEED,MANNOOMPARAMBIL, KODINJI P.O., MALAPPURAM DISTRICT. svs ............2/-... ...2... R..S.A. NO.1017/2005 10. JAMSEENA, W/O.ISMAYIL, MEDAMMAL (H),IRINGAVOOR P.O., VANIYOOR MALAPPURAM DISTRICT. * ADDITIONAL APPLLANTS A2 TO A10 ARE IMPLEADED BEING THE LEGAL HEIRS OF DECEASED SOLE APPELLANT K.T.MOIDEEN KUTTY, AS PER ORDER DATED 10/06/2011 IN I.A. NO.1623/2010. BY ADVS. SRI.K.RAMACHANDRAN SRI.K.MOHAMMED FAISAL NAHA RESPONDENT(S): RESPONDENTS/DEFENDANTS: -------------------------------------------------------- 1. KUNHAMU @ BAPPUTTY, S/O. KUNHIMOIDEEN, KOTHENGATH PARAMBIL HOUSE, P.O. PANANGATTOOR, VIA. TANUR, MALAPPURAM DISTRICT. ** 2. KUNHIMOIDEEN, S/O. KUNHAMU, KOTHENGATH PARAMBIL HOUSE, P.O. PANANGATTOOR, VIA. TANUR, MALAPPURAM DISTRICT.(EXPIRED) ** IT IS RECORDED THAT THE APPELLANT DOES NOT WANT TO IMPLEAD THE LRS OF THE DECEASED R2 AND HENCE R2 IS REMOVED FROM THE PARTY ARRAY AS PER ORDER DATED 03/08/2006 IN I.A. NO.996/2006. R1 BY ADVS. SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs M.SASIDHARAN NAMBIAR,J. --------------------------------------------- R.S.A.NO.1017 OF 2005 --------------------------------------------- Dated 10th June, 2011 JUDGMENT Deceased appellant instituted O.S.218/1991 before Munsiff court, Parappanangadi for recovery of possession. It was dismissed and the judgment was confirmed by Sub Court,Tirur in A.S.89/1996, which is challenged in the second appeal. As the original appellant died, his legal heirs were impleaded as additional appellants. Though there were two defendants and consequently originally two respondents, second respondent was removed from the party array as per order in I.A.996/2006. 2. I.A.1190/2011 was jointly filed by additional appellants and the respondent under order XXIII Rule 3 of Code of Civil RSA 1190/11 2 Procedure to record the compromise stating that entire disputes were amicably settled and the respondent has reliquinshed whatever rights and claims he had over the disputed property and to pass a decree for recovery of possession as sought for in O.S.318/1991 on the file of Munsiff court, Parappanangadi. Petition is signed by all the appellants, respondent and their counsel. I.A.1190/2011 allowed. Compromise is recorded. Appeal is allowed. Decree is passed in terms of the compromise petition. Compromise petition will form part of the decree. M.SASIDHARAN NAMBIAR, JUDGE. uj.