IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 RSA.No. 841 of 2007() --------------------- AS.06/2003 of 1st ADDITIONAL DISTRICT COURT, PALAKKAD OS.310/2001 of MUNSIFF COURT.,ALATHUR .................... APPELLANT/APPELLANT/4TH DEFENDANT: ----------------------------------------------------- 1. K.A.SUKUMARA MENON, AGED 66 YEARS (died) S/O LATE CHINNAMMU AMMA, RESIDING AT KANNATT AYYARPULLY VEEDU, KAVASSERY AMSOM AND DESOM, ALATHUR TALUK. *2. P V PANKAJAKZHI AMMA, AGED 64 W/o. LATE K A SUKUMARA MENON RAGHAVALAYAM, VEPPILASSERY KAVASSERY, ALATHUR TALUK PALAKKAD DISTRICT *3. P V SUJATHA, AGED 43 D/o. LATE K A SUKUMARA MENON H 31, NEW ASTL, 9TH CROSS, 8TH FACE KRISHNAGIRI, HOSUR TAMIL NADU *4. P V RAGHAVAN, AGED 40 S/o. LATE K A SUKUMARA MENON RAGHAVALAYAM VEPPILASSERY KAVASSERY, ALATHUR TALUK PALAKKAD DISTRICT (ADDL. APPELLANTS 2 TO 4 ARE IMPLEADED AS THE Lhrs OF DECEASED SOLE APPELLANT AS PER THE ORDER DATED 30-07-2009 IN I.A.No.1648 OF 2009.) BY ADV. SRI.TOM K.THOMAS SRI.U.BALAGANGADHARAN RESPONDENTS/ RESPONDENTS/PLAINTIFF & DEFENDANTS 1 TO 3,5,&6 ------------------------------------------------------------- 1. K.A.VIJAYAKRISHNAN, AGED 60 YEARS, S/O K.A.DEVAKIKUTTY AMMA, RESIDING AT F-3, ADARSH NAGAR, DURGA DISTRICT, CHATHEESGUT STATE. 2. K.A.NIRMALA CHANDRAN, AGED 53 YEARS, D/O K.V.DEVAKIKUTTY AMMA, RESIDING AT PRINCIPAL QUARTERS, REGIONAL ENGINEERING COLLEGE, KOZHIKODE. 3. K.A.RAJAGOPALA MENON, AGED 68 YEARS, S/O(L)CHINNAMMU AMMA, RESIDING AT MURALI NIVAS, VEPPILASSERY, KAVASSERY AMSOM AND DESOM, ALATHUR TALUK. 4. K.A.RAMADASA MENON, AGED 74 YEARS, S/O(L)CHINNAMMU AMMA, RESIDING AT VAYYATTE VEEDU, PAZHAMBALACODE AMSOM AND DESOM, ALATHUR TALUK. *5. SARADHA, AGED 71 YEARS, (died) W/O(L)PADMANABHA MENON, RESIDING AT KRISHNA KRIPA VEEDU, GANDHI JUNCTION, ALATHUR VILLAGE, ALATHUR TALUK. (Recorded) (RESPONDENT No.6 IS RECORDED AS the ONLY L.R OF DECEASED R5 and THAT IMPLEADMENT IS NOT REQUIRED AS PER THE ORDER DATED 16-10-2009 VIDE MEMO CF 6354/2009 DATED 09-10-2009) 6. SATHEESH MENON, AGED 45 YEARS, S/O(L)PADMANABHA MENON, RESIDING AT KRISHNA KRIPA VEEDU, GANDHI JUNCTION, ALATHUR VILLAGE, ALATHUR TALUK. ADV. SRI.S.RAMESH BABU FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- R.S.A.No.841 of 2007 --------------------------------------- Dated this 21st day of October 2009 JUDGMENT Defendant No.4 in O.S.No.310 of 2001 of the court of learned Munsiff, Alathur who is the appellant in A.S.No.6 of 2003 of the court of learned District Judge, Palakkad preferred this second appeal challenging the concurrent finding entered by the courts below and the consequent judgment and preliminary decree for partition. During the course of second appeal, appellant died and his legal representatives are impleaded as supplemental appellant Nos.2 to 4. 2. Supplemental appellant Nos.2 to 4 and respondents have filed I.A.No.2419 of 2009 reporting settlement of the dispute between them outside court and requesting that the appeal may be disposed of in terms of the compromise. 3. Heard counsel. 4. As per the compromise entered between parties and it is submitted by learned counsel that respondents have released their right in their respective shares in the suit properties in favour of supplemental appellant Nos. 2 to 4 as per release deed No.3393 of 2009 of SRO, Alathur receiving consideration of Rs.5,50,000/- (Rupees Five Lakh Fifty Thousand Only). In the light of that release deed supplemental appellant Nos.2 to 4 have become the absolute owners of the suit properties. According to the learned counsel, in view of the R.S.A.No.841 of 2007 2 compromise second appeal is to be allowed setting aside the judgment and preliminary decree for partition and the suit is to be dismissed. Resultantly the compromise entered by the parties on 24-09- 2009 is recorded and the second appeal is allowed in terms of the compromise. The judgment and decree under challenge are set aside and the suit will stand dismissed without any order as to cost. The compromise will form part of the decree. THOMAS P JOSEPH, JUDGE Sbna/