IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 AS.No. 618 of 1997(E) --------------------- (AGAINST THE JUDGMENT & DECREE IN O.S.NO.287/93 DT.05.12.1996 ON THE FILE OF THE III ADDL. SUB COURT, ERNAKULAM). ................... APPELLANT(S): DEFENDANTS: -------------------------------------------- 1. JOYCEE JOHN, WIFE OF P.M. JOHN, PADUTHOTTU HOUSE, VELLAYIL, THEODICAL, THIRUVALLA. 2. JERRY MATHEW JOHN, MINOR, AGED 16 YEARS, REPRESENTED BY FATHER AND NATURAL GUARDIAN P.M. JOHN, PADUTHOTTU HOUSE, DO. DO. 3. P.M.JOHN, S/O.P.T. MATHAI, PADUTHOTTU HOUSE, DO. DO. (SINCE DIED). (SRI. P.M. JOHN, S/O.P.T. MATHAI, PADUTHOTTU HOUSE, VELLAYIL, THEODICAL, THIRUVALLA IS DISCHARGED FROM THE GUARDIANSHIP OF SECOND APPELLANT AND THE SECOND APPELLANT, JERRY MATHEW JOHN IS ALLOWED TO PROCEED WITH THE APPEAL IN HIS OWN NAME, SINCE HE HAS ATTAINED MAJORITY, VIDE ORDER DT. 15.9.06 ON I.A.NO.1980/06). (IT IS RECORDED THAT THE 3RD APPELLANT DIED AND THAT APPELLANTS 1 & 2 ALREADY IN THE PARTY ARRAY ARE HIS LEGAL HEIRS AND THAT NO OTHER LEGAL REPRESENTATIVES NEED BE IMPLEADED VIDE ORDER DATED 22.3.2010 ON STATEMENT DATED 24.11.2008). APPELLANTS 1 & 2 BY ADV. SRI.S.SREEKUMAR A.S.NO.618 OF 1997 E RESPONDENT(S): PLAINTIFF: ------------------------------------------ MATHEWS EAPEN, S/O. T.M. EAPEN, THAIKOOTTATHIL HOUSE, KATTOORKARA MURI, THIRUVALLA, NOW RESIDING AT FLOWER GARDENS, KALAMASSERY. BY ADV. SRI.C.T.JOSEPH THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. -------------------------------------------------- A.S.NO. 618 OF 1997 E & CROSS OBJECTION --------------------------------------------------- Dated this the 23rd December, 2009 JUDGMENT K.M. Joseph, J. The compromise petition, I.A.No.4656/09 filed by the appellants and the respondent is taken on record. The Appeal Suit is disposed of in terms of the compromise. The impugned decree and judgment in OS No.287/93 on the file of the Sub Court, Ernakulam shall stand set aside. There will be a decree in terms of the compromise and an amount of Rs.2,56,515/= (Rupees Two Lakhs, Fiftysix Thousand, Five Hundred and Fifteen) together with interest due from the date of deposit till date lying in deposit in State Bank of Travancore, Broadway, Ernakulam on account of O.S.No.287/93 in the name of the Principal Sub Judge, Ernakulam shall be released and paid to the respondent/plaintiff. One half of the court fee paid in the AS.NO.618/97 E 2 Appeal shall be refunded to the learned counsel for the appellants. Sd/= K.M. JOSEPH, JUDGE Sd/= M. L. JOSEPH FRANCIS, JUDGE kbk // True Copy // PS to Judge AS.NO.618/97 E 3 K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. A.S.NO. 618 OF 1997 E JUDGMENT 23rd December, 2009.