IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 AS.No. 73 of 2001(C) ----------------------------- (AGAINST O.S. NO.735 OF 1991, PRL. SUB COURT, THIRUVANANTHAPURAM) APPELLANT - 1ST DEFENDANT: ----------------------------------------- S. JAYAKUMARI, D/O. SARADAMMA, AGED 36 YEARS, RESIDING AT T.C. 7/1044, SARADA NIVAS, CHITTATTINKARA, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. BY ADV. SMT.PREETHY KARUNAKARAN RESPONDENTS - ADDITIONAL PLAINTIFFS: --------------------------------------------------------- 1. J. INDIRAMMA, WIDOW OF LATE G. CHANDRASEKHARAN NAIR AGED 49 YEARS, RESIDING AT T.C. 7/1175, KIZHAKKEPLAVARATHALA VEEDUN CHITTATTINKARA, THIRUVANANTHAPURAM. 2. C. SURESH KUMAR, AGED 32 YEARS, S/O. DO. DO. DO. DO. 3. C. SUMA KUMARI, AGED 30 YEARS, D/O. DO. DO. DO. DO. 4. C. SATHEESH KUMAR, AGED 28 YEARS, S/O. DO. DO. DO. 5. C.I. SUJA MOL, AGED 200 YEARS, D/O. DO. DO. DO. (ORIGINAL PLAINTIFF DIED. DEFENDANT NOS.2 AND 3 IN THE COURT BELOW WERE MADE PARTIES IN THE SUIT ON THE ALLEGATION THAT THEY HAVE ALSO RIGHT OVER THE PROPERTY ALONG WITH THE 1ST DEFENDANT WHICH WAS ATTACHED BEFORE JUDGMENT IN THIS CASE. DEFENDANT NOS.2 AND 3 ARE NOT MADE PARTIES IN THIS APPEAL SINCE THE SUIT IS DISMISSED AS AGAINST THEM) BY ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) BY ADVOCATE SHRI P. GOPAL. THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- A.S.No.73 of 2001 ------------------------------------------------- Dated, this the 11th day of February, 2008 JUDGMENT This appeal is filed by the first defendant in O.S.No.735/1991 on the file of the Sub Court, Thiruvananthapuram. The original plaintiff filed the suit for recovery of money. He died and respondents were impleaded as additional plaintiffs. Suit was decreed. Challenging the decree and judgment passed in the suit the first defendant has filed this appeal. When the appeal is taken up for hearing the appellant and respondents 1, 3,4 and 5 filed a petition to record compromise. Today I have allowed that petition and recorded the compromise. The appellant had paid Rs.65,000/- as full and final settlement of the decree amount. The respondents had accepted the amount and acknowledged the receipt of the amount in full and final settlement of the claims as per the decree passed by the court below. So the appeal is to be disposed of in terms of the compromise. In the result, appeal is disposed of in terms of compromise. It is recorded that the decree passed in O.S.No.735/1991 is satisfied. Attachment effected against the property of the appellant is set aside. The trial court shall inform the Sub Registrar concerned that the attachment effected is raised. The terms of compromise will form part of the decree. AS No.73/2001 2 One half of the court fee shall be refunded to the appellant. Office is directed to retransmit the records forthwith. K. PADMANABHAN NAIR, JUDGE. cks AS No.73/2001 3 K.PADMANABHAN NAIR, J. A.S.No.73 of 2001 JUDGMENT 11th February, 2008.