IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 SA.No. 521 of 1995(D) --------------------- AS.139/1991 of PRINCIPAL SUB COURT,ERNAKULAM OS.1763/1989 of I ADDL.MUNSIFF COURT,ERNAKULAM .................... APPELLANT(S): RESPONDENTS/DEFENDANTS -------------------------------------------------- 1. M.E.PAUL, SON OF EPHERIM, AGED 41, ROOM NO.7,XL/2691, VIMALA LODGE, CLOTH BAZAR ROAD, ERNAKULAM, REPRESENTED BY THE POWER OF ATTORNEY HOLDER M.E.THOMAS. 2. M.E.THOMAS, SON OF EPHERIM, AGED 42 ROOM NO.7, XL/2691, VIMALA LODGE CLOTH BAZAR ROAD, ERNAKULAM. BY ADV. SRI.S.K.BRAHMANANDAN SRI.G.SREENIVASA PRABHU SRI.S.B.PREMACHANDRA PRABHU RESPONDENT(S)/APPELLANT/PLAINTIFF -------------------------------------------- N.NARAYANAN, SON OF KANDAN, AGED ABOUT 86, NADEPPILLIYIL HOUSE THRIKKANARAVATTOM, ERNAKULAM VILLAGE. (DIED) LRS IMPLEADED. ADV. SRI.V.M.KURIAN SRI.A.BALAGOPALAN FOR R3,R4 SRI.K.C.CHARLES FOR R3,R4 SRI.PRAKASH P.GEORGE FOR R3,R4 SRI.A.RAJAGOPALAN FOR ADDL. R5 ADDL.RESPONDENTS:- ------------------------- ADDL.R2:- SUBHADRA, W/O.LATE N.K.NARAYANAN NEDEPPILLY HOUSE, KRISHNASWAMY CROSS ROAD, ERNAKULAM. ADDL.R3:- LEELA SANALKUMAR, D/o.LATE N.K.NARAYANAN -DO- -D0- ADDL.R4:- VIMALA RAMESH, D/O.LATE N.U.NARAYANAN -D0- -DO- ADDL.R5 IMPLEADED ADDL.R2 TO ADDL.R4 ARE IMPLEADED. LRS OF SOLE RESPONDENT AS PER ORDER DATED 4/6/08 IN CMP 627/00. ADDL.R2(DIED). ADDL.R3 & ADDL.R4 ARE RECORDED AS LRS OF DECEASED R2 AS PER ORDER DATED 4/6/2008 IN CMP 1166/2008 IN S.A. ADDL.R5:- MOHAMMED IDRIES, SON OF MOHAMMED RAFIQUE, AGED 28, RESIDING AT 42/2260, B6, JEWEL SPARK, ERNAKULAM, KOCHI.18. ADDL.R5 IMPLEADED AS PER ORDER DATED 3/7/08 IN I.A.1377/2008 IN S.A. THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== I.A.384/2010 & I.A.385/2010 &S.A.521/1995 =========================== Dated this the 9th day of February,2010 JUDGMENT Defendants in O.S.1763/1989 on the file of Munsiff's Court, Ernakulam are the appellants. Deceased first respondent was the plaintiff. On the death of the first respondent, respondents 2 to 4 were impleaded as his legal heirs. As the second respondent subsequently died, respondents 3 and 4 were recorded as the legal heirs of the second respondent. Fifth respondent got himself impleaded as per order in I.A.1377/2008 on the contention that he has purchased the rights from respondents 3 and 4 being the legal heirs of deceased first respondent. Appellants filed the Second Appeal challenging the decree for recovery of possession of the plaint schedule property S.A.No.521/1995 2 which is room No.7 of Vimala Lodge. I.A.384/2010 is filed to delete respondents 3 and 4 from the party array contending that as the fifth respondent had purchased the entire rights of the original plaintiff from his legal heirs, it is not necessary to continue respondents 3 and 4 the remaining surviving legal heirs of deceased first respondent in the party array. The plea is sustainable. In such circumstances, I.A.384/2010 is allowed and respondents 3 and 4 are removed from the party array. 2. I.A.385/2010 is filed jointly by the appellants and fifth respondent who alone now remains in the party array after the removal of respondents 3 and 4 as per order in I.A.384/2010 and the death of respondents 1 and 2, under Rule 3 of Order XXIII of Code of Civil Procedure to record the compromise and to pass a decree in terms of the compromise. Compromise petition shows that the appellants have withdrawn all the contentions and S.A.No.521/1995 3 agreed unconditionally to surrender room No.7 of Vimala Lodge on or before 10.3.2010 and the fifth respondent has relinquished the claim for arrears of rent. I.A.384/2010 is allowed. The compromise is recorded. Second appeal is allowed in terms of the compromise as follows:- The decree and judgment in A.S.139/1991 on the file of Principal Sub Court, Ernakulam are set aside. A decree is passed in terms of the compromise petition recorded in I.A.385/2010. The compromise petition will form part of the decree. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006