IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 RSA.No. 1152 of 2008() ---------------------- AGAINST THE ORDER IN AS 280/2005 IN AS.159/2006 of DISTRICT COURT, THALASSERY OS.367/1997 of PRL.M.C.,KANNUR (IA 2709/2002) .................... APPELLANT/(APPELLANT/1st DEFENDANT): ---------------------------------------------- RATHI DHANANJAYAN, W/O.LATE DHANANJAYAN NOW RESIDING AT RAM MANDIR, ARTILLERY ROAD, KANNUR. BY ADV. SRI.DINESH R.SHENOY SRI.V.V.UNNIKRISHNAN RESPONDENTS: ----------------- 1. VINOD MADHAVAN, S/O.LATE MADHAVAN, NOW RESIDING AT KANIYANDY HOUSE, PO.AZHIYOOR, KOZHIKODE. 2. VIJAYALAKSHMI, W/O.LATE MADHAVAN KANIYANDI HOUSE, P.O.AZHIYOOR, KOZHIKODE. 3. GEETHA UMANATH, D/O.LATE MADHAVAN SAMTHRIPTHI, 48/1447, WEST AVENUE WEST HILL, KOZHIKODE-673 005. 4. VINITHA.P.SANKAR, D/O.LATE MADHAVAN NOW RESIDING AT PLOT NO.2994 (UPSTAIR) 13th MAIN ROAD, ANNA NAGAR, MADRAS-40 THROUGH POWER OF ATTORNEY HOLDER VINOD MADHAVAN S/O.MADHAVAN,KANIYANDY HOUSE, PO.AZHIYOOR KOZHIKODE. 5. VASANTHA MADHAVAN, S/O.LATE MADHAVAN NOW EMPLOYED AT NATIONAL PILING COMPANY, PB.NO.45001, ABU-DHABI U.A.E., NOW RESIDING AT KANIYANDI HOUSE, PO.AZHIYOOR, KOZHIKODE. 6. LEKHA.S.SHAH, D/O.LATE MADHAVAN, “SHANTHI”, P.T.USHA ROAD, CALICUT. RSA.No. 1152 of 2008() 2 7. YAMUNA.N.S., D/O.LATE NALINI, NOW RESIDING AT D.H.ALSAMANOOR GILCHRIST AVENUE CHETPUT, MADRAS-600 031. 8. RAJINI ISPAHANI, D/O.LATE NALINI NOW RESIDING AT RUNNYMODE 177/5, POOVAMALLEE HIGH SCHOOL ROAD, MADRAS THROUGH POWER OF ATTORNEY HOLDER VINOD MADHAVAN, S/O.LATE MADHAVAN, PO.AZHIYOOR, KOZHIKODE. 9. MALLIKA GULWADI, D/O.LATE NALINI, NOW RESIDING AT NO.2 RAJARATNA ST.KILPARK, MADRAS-600 010, THROUGH POWER OF ATTORNEY HOLDER VINOD MADHAVAN. 10. SHAILA ABRAHAM, D/O.LATE NALINI EMPLOYED AT ORACLE KUWAIT, P.B.NO.7, KUWAIT THROUGH POWER OF ATTORNEY HOLDER VINOD MADHAVAN, S/O.LATE MADHAVAN, PO.AZHIYOOR, KOZHIKODE. 11. SHANTHA, D/O.LATE KUNHIRAMAN, NOW RESIDING AT 8/256, BEACH COTTAGE, BEACH ROAD, CALICUT-32. 12. RATHI BHARGEVAN, W/O.LATE BHARGAVAN NOW RESIDING AT S.57 (UPSTAIR), OPP.PREMODAYA SCHOOL KOVAIPUDUR, COIMBATORE. 13. SHEELA JAYANDRAN, D/O.LATE BHARGAVAN, RESIDING AT SEEGAMANI, HARISHCHANDRAPURA, GONIKKOPAL, COORG. 14. BEENA SHANKAR, D/O.BHARGAVAN, PUSHA NIVAS, CHETTAMKUNNU, THALASSERY. 15. V.C.RAM PRATAP, S/O.BHARGAVAN, S.57(UPSTAIR), OPP.PREMODAYA SCHOOL, KOVAIPUDUR COIMBATORE. 16. ROOPA UMESH, D/O.LATE DHANANJAYAN, NOW RESIDING AT 14 ROBYAN COURT, HAMPTON PARK, VICTORIA 3976, AUSTRALIA. 17. SREEJITH.P.V., S/O.LATE DHANANJAYAN, NOW RESIDING AT J/3, CENTRAL RAILWAY QUARTERS, JAWAHAR ROAD, GHAT KOPAR, EAST MUMBAI-400 077. RSA.No. 1152 of 2008() 3 18. SREEKALA AVINASH, D/O.DHANANJAYAN, NOW RESIDING AT J/3, CENTRAL RAILWAY QUARTERS JAWAHAR ROAD, CHATKOPAR, EAST MUMBAI-400 077. ADV. SRI.A.MOHAMED MUSTAQUE FOR R1 TO 15 SRI.A.MOHAMED MUSTAQUE(CAVEATOR) SRI.T.PRAVEEN FOR R16 TO 18 THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 24/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ----------------------------------- R.S.A.No.1152/2008 ------------------------------------- Dated this the 24th day of July, 2009 JUDGMENT This appeal is directed against the preliminary decree passed in I.A.No.2709/2002 in O.S.No.367/1997 on the file of the Munsiff’s Court, Kannur. The final decree passed was confirmed in A.S.Nos.280/2005 & 159/2006 on the file of the District Court, Thalassery. 2. The parties settled the dispute between them and partitioned the property by metes and bounds. The terms of settlement are stipulated in paragraph 1 to 9 of the compromise petition filed as I.A.No.1626/2009. 3. In the above circumstances, the compromise terms are recorded and decree is passed in terms of the compromise. I.A.No.1626/2009 filed for compromise shall form part of the decree. The appeal is disposed of as above. HARUN-UL-RASHID, JUDGE skj.