IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 RSA.No. 700 of 2006(G) --------------------- AS.18/2004 of SUB COURT, VADAKARA OS.113/2003 of MUNSIFF COURT, VADAKARA .................... APPELLANT/APPELLANT/1ST DEFENDANT. -------------------------------------------- P.SAROJINI, D/O.THE LATE LAKSHMIKUTTY AMMA, AGED 62 YEARS, KOTTAIKOILOTH HOUSE, CHAMBADU, THALASSERY. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/RESPONDENTS/PLAINTIFF AND 2ND DEFENDANT RESPECTIVELY. ---------------------------------------------------------------------------- 1. P.P.NIRMALA, D/O.GOPALAKURUP, AGED ABOUT 48 YEARS, VKN NILAYAM, ONCHIYAM P.O., KOZHIKODE. 2. THE ASST. EDUCATIONAL OFFICER, CHOMBALA, KOZHIKODE. ADV. SMT.PREETHY KARUNAKARAN FOR R.1 SMT.MEENA.A. SMT.M.R.MINI SRI.JAYKAR.K.S. SRI.N.RAGHURAJ FOR ADDL.R3 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== R.S.A. No. 700 of 2006 ========================== Dated this the 5th day of November, 2008. JUDGMENT The defendant in O.S. No. 113 of 2003 on the file of the Munsiff's Court, Vadakara is the appellant in this Second Appeal. The said suit was filed by the 1st respondent/plaintiff for injunction restraining the appellant/defendant from functioning as the manager of the Onchiyam L.P. School at Vadakara in Kozhikode District. The suit has been concurrently decreed. Hence this Second Appeal. 2. Pending this Second Appeal, the appellant and the 1st respondent/plaintiff has entered into a settlement, the terms of which have been recorded in Annexure A1 agreement produced along with I.A. No. 2011 of 2006 in which the 1st respondent has sworn to an affidavit stating that the parties have arrived at a settlement and have agreed not to prosecute the matter further and have also agreed that this appeal may be disposed of treating Annexure A1 agreement as part of the decree. Accordingly, this Second Appeal is disposed of recording the R.S.A.No. 700/2006 : 2: settlement arrived at between the appellant and the 1st respondent and treating Annexure A1 agreement produced along with I.A. No. 2011 of 2006 as part of the decree. I.A. No. 563 of 2007 filed by a teacher who was appointed in the school by appellant/defendant, is allowed and the terms of Annexure A1 agreement will equally apply to her also. Dated this the 5th day of November, 2008. V. RAMKUMAR, JUDGE. rv R.S.A.No. 700/2006 : 3: