IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 RFA.No. 637 of 2004(A) ---------------------- OS.432/1996 of III ADDL.SUB COURT, KOZHIKODE .................... APPELLANT/PLAINTIFF: ------------------------------------- PAYANGOTEE SAROJINI, AGED 64 YEARS, D/O.PACHUKUTTY VYDIAR, SWASTHAM, R/A. PAYANGOTEE, ELATHUR AMSOM DESOM, KOZHIKODE TALUK. BY ADVS. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENTS: DEFENDANTS: ------------------------ 1. PATTAYATTE KEEZHVOTH SATHYACHANDRAN @ P.K.S. CHANDRAN, AGED ABOUT 60 YEARS, S/O.PACHUKUTTY VYDIAR, MEDICAL OFFICER, R/A. KUTTIKKAL EASTATE, KOTTAYAM DIST. 2. PATTAYATEE KEEZHVOTH VINODINI, AGED ABOU T 61 YEARS, D/O.KOLIYOTH KUMARAN, SWASTHAM, R/A. CHANDINI KAKKUZHIPALAM, KARUVISSERI AMSOM, DESOM, KOZHIKODE TALUK. 3. P.K.SAJEEV, AGED ABOUT 39 YEARS, S/O.RAMACHANDRAN, WORKING IN TATA OIL MILLS, R/A. DO. DO. DO. 4. P.K.RAJ, AGED ABOUT 37 YEARS, S/O.RAMACHANDRAN, CLERK IN CIVIL SUPPLIES R/A. DO. DO. DO. 5. P.K.SANTHOSH, AGED ABOUT 35 YEARS, S/O.RAMACHANDRAN, BUSINESS R/A. AT DO. DO. DO. 6. P.K.SANTHA, AGED 60 YEARS, D/O.MANGALASSERI CHOYIKUTTY, SWASTHAM, R/A. KEEZHOTH PARAMBA, ELATHUR AMSOM DESOM, KOZHIKODE TALUK. 7. P.K.SUNIL KUMAR, AGED ABOUT 37 YEARS, S/O.SREEDHARAN, DRIVER, R/A. AT DO. HOUSE DO. DO. 8. P.K.SANAD, AGED ABOUT 35YEARS, S/O.SREEDHARAN, WORKING IN FOREST, R/A. KEEZHOTH PARAMBA, ELATHUR AMSOM DESOM, KOZHIKODE TALUK. 9. P.K.SUDHEER, AGED ABOUT 33 YEARS, S/O.SREEDHARAN, MILITARY R/A. DO. DO. HOUSE DO. DO. 10. P.K.SUKHEDH, AGED ABOUT 31 YEARS, S/O.SREEDHARAN, LIC AGENT, R/A. DO. HOUSE, DO. DO. 11. PUNNARASSERI SAJEEVAN, AGED ABOUT 29 YEARS, D/O.SREEDHARAN, SWASTHAM R/A. AT NALLALAM, DESOM KOZHIKODE TALUK. 12. P.K.SMITHA, AGED ABOUT 25 YEARS, S/O.SREEDHARAN, SWATHAM, R/A. KEEZHOTH PARAMBA, ELATHUR AMSOM, DESOM, KOZHIKODE TALUK. 13. P.K.SUDHANUR, AGED ABOUT 35 YEARS, S/O.SREEDHARAN WORKING IN B.S.F. R/A. AT DO HOUSE, DO. DO. 14. P.K.MOHANANCHANDRAN, AGED ABOUT 47 YEARS, PACHUKUTTY VYDIAR, MEDICAL PRACTIONER, R/A. KARTHIKA, PERUMTHIRUTHY, ELATHUR AMSOM DESOM, KOZHIKODE TALUK. 15. KEEZHETATH KUNIYIL PUSHPALATHA, AGED ABO UT 45 YEARS, D/O.SANKARAN, TAILOR, R/A. KEEZHETATH KUNIYIL, CHELAVUR AMSOM DESOM, KOZHIKODE DISTRICT. 16. ALIYAMBALATHIL SASIKALA, AGED ABOUT 39 YEARS, D/O.SANKARAN, SWASTHAM, R/A. ALIYAMBALATHIL, MUNDIKKAL THAZHAM CHELAVOOR AMSOM DESOM, KOZHIKODE TALUK. 17. P.K.KALYANI, AGED ABOUT 74 YEARS, D/O.KUTTAN SWASTHAM, R/A. H.NO.5.384, CHETTIKKULATH, ELATHUR AMSOM DESOM, KOZHIKODE TALUK. 18. P.K.VISWANADH, AGED ABOUT 51 YEARS, S/O.KUMARAN, SWASTHAM, R/A. H.NO.5/384, CHETTIKULATH, ELATHUR AMSOM, DESOM, KOZHIKODE TALUK. 19. P.K.GOPINATH, AGED ABOUT 49 YEARS, S/O.KUMARAN, DRIVER, R.A,. DO. HOUSE DO. DO. 20. P.K.SOMATH, AGED ABOUT 45 YEARS, S/O.KUMARAN, BUSINESS R/A. DO. HOUSE DO. DO. 21. K.V.SANTHA, AGED ABOUT 47 YEARS, D/O.KUMARAN, WORKING IN TECHNO CHEMICALS, R/A. DO. HOUSE, DO. DO. 22. P.K.PREMALATHA, AGED ABOUT 38 YEARS, D/O.KUMARAN, SWASTHAM, R/A. DO. HOUSE DO. DO. 23. P.K.SUBHASHINI, W/O.DHARMACHANDRAN, AGED 59 YEARS, SWASTHAM, R/A. H.NO.36/950, NEAR NETAJI LIBRARY, VENGERI AMSOM DESOM, KOZHIKODE TALUK. (15TH DEFENDANT DIED PENDING THE SUIT). (NAMES OF RESPONDENTS 1 TO 5 A ND RESPONDENTS 14 TO 23 ARE DELETD AS PER ORDER DATED 19.3.2008 IN I.A. NO. 1233 OF 2008) BY ADV. SRI.V.G.ARUN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- R.F.A. NO. 637 OF 2004 ---------------------------------------------------------------- Dated this the 19th day of March, 2008 JUDGMENT Kurian Joseph, J. This appeal is filed at the instance of the plaintiff in O.S. No.432 of 1996 on the file of the III Additional Sub Court, Kozhikode. During the pendency of the appeal, the parties have arrived at a compromise and they have filed I.A. No.1250 of 2008 to that effect. The terms of compromise as stated in I.A. No.1250 of 2008 are recorded. The appeal is disposed of in terms of the compromise as recorded in I.A. No.1250 of 2008. The said interlocutory application will form part of the decree. Since the parties have filed a compromise petition and since the appeal is disposed of as compromised, the appellant shall be entitled to refund of one-half of the court fee. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ KURAIN JOSEPH & HAURN-UL-RASHID, JJ. R..F.A. NO.637/2004 JUDGMENT 19TH MARCH, 2008