IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 RSA.No. 453 of 2009() --------------------- (O.S.497 OF 1995 OF MUNSIFF COURT, ERNAKULAM) (A.S.40 OF 2003 OF ADDITIONAL DISTRICT COURT(ADHOC-II), ERNAKULAM) APPELLANT/APPELLANT/DEFENDANT ------------------------------------------------- M.T.JOLLY, AGED 82 YEARS, S/O.LATE MANAYATHARA THOMAS, EX-SERVICE MAN, MANAYATHARA HOUSE, THUTHIYOOR ROAD, KAKKANAD KARA, VAZHAKALA VILLAGE, REP.BY HIS GUARDIAN AND DAUGHTER ANNA PANANGADAN, AGED 51 YEARS, R/AT PANANGADAN HOUSE, THUTHIYOOR ROAD, KAKKANAD KARA, VAZHAKALAVILLAGE. BY ADV. SRI.E.K.NANDAKUMAR RESPONDENT: RESPONDENT/PLAINTIFF ----------------------------------- THOMAS, S/O.M.T.MAMMEN, AGED 47 YEARS, REPRESENTED BY HIS MOTHER AND POWER OF ATTORNEY HOLDER, RUBY MAMMEN, NOW RESIDING AT 27/4312-E, A/1 PULLIMAKKAL BUILDINGS, APPOOS RESIDENCY, CHAKOLA COLONY, PERUMANOOR, COCHIN - 682 015. ADV. SRI.S.VINOD BHAT THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J ........................................... RSA No.453 of 2011 ............................................ DATED THIS THE 1st DAY OF SEPTEMBER, 2011 JUDGMENT I.A.2088 of 2011 is a petition jointly filed by the appellant and the respondent under Rule 3 of Order XXIII of Code of Civil Procedure to record the compromise. The defendant in O.S.497 of 1995 is the appellant, petitioner herein. O.S.497 of 1995 was a suit for fixation of the boundary and for recovery of possession. The suit was decreed exparte and the boundaries were fixed as shown by the Commissioner in Ext.C1(a) plan and respondent was permitted to recover possession of plot C3 and C4. Though appellant filed A.S.40 of 2003 challenging the decree, the appeal was dismissed after dismissing the application filed under Section 5 of the Limitation Act to condone the delay in filing the appeal. By this petition, appellant and respondent jointly sought to record the compromise modifying the decree as provided therein, in view of the settlement. 2. I.A.2197 of 2011 is filed seeking permission of the court as appellant is now permitted to be represented by his daughter RSA 453/2009 2 who was appointed the guardian. In view of the affidavit filed by the counsel appearing for the appellant, permission is granted to enter into the compromise as provided under Rule 7(1) of Order XXXII of Code of Civil Procedure. I.A.2197 of 2011 is allowed. 3. The guardian of the appellant on behalf of the appellant and respondent and their counsel have signed in the compromise petition, I.A.2088 of 2011 is allowed and the compromise is recorded. 4. In view of the order in I.A.2088 of 2011, appeal is allowed in terms of the compromise. The decree in O.S.497 of 1995 on the file of First Additional Munsiff Court, Ernakulam stands modified in terms of the compromise. The compromise petition, along with the plan appended thereto, will form part of the decree. M.SASIDHARAN NAMBIAR, JUDGE lgk