IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 AS.No. 161 of 1998(A) --------------------- OS.39/1995 of PRL.SUB COURT, KOZHIKODE .................... APPELLANTS: -------------- 1. S. RAMAMOHAN RAI, S/O. K P RAGHUNATHA RAI, RESIDING AT PINDAGA HOUSE BELUR VILLAGE KASARGOD TALUK, P O KINNINGAR, VIA. MULLERIA, KASARGOD DIST. 2. S. MANAMOHANA RAI, S/O. -DO - RESIDING AT SRI KRISHNA NILAYA HOUSE, SAJA BALNAD VILLAGE PUTTUR TALUK, P O BILIGURKATTE DAKSHINA KANNADA DISTRICT KARNATAKA STATE. BY ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE SRI.P.B.KRISHNAN RESPONDENT(S): --------------- 1. SWAROOPA J SHETTY, D/O. K P RAGHUNATHA RAI & W/O. JAYASHANKARA SHETTY RESIDING AT SRI BRINDAVANA NILAYA 2ND MAIN 3RD CROSS HEMAVATHI NAGAR (P&T) HASSON, P O HASSAN, HASSAN DISTRICT, KARNATAKA STATE. 2. S. KRISHNAVENI, D/O. K P RAGHUNATHA RAI & S/O. KARUNAKARA RAI, RESIDING AT SRI KRISHNA NILAYA HOUSE, SAJA BALNAD VILLAGE, PUTTUR TALUK, P O BILIGURKATTE, DAKSHINA KANNADA DISTRICT, KARNATAKA STATE. BY ADV. SRI T. P. K. NAMBIAR, SRI.T.P.KELU NAMBIAR, SENIOR ADVOCATE SRI.P.G.RAJAGOPALAN FOR SRI.M.GOPIKRISHNAN NAMBIAR FOR THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 4/1/2010, THE COURT ON SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 1171 OF 1998 IN A.S. NO: 161 OF 1998 DISMISSED. SD/- A.K.BASHEER (JUDGE) SD/- M.L.JOSEPH FRANCIS (JUDGE) 4.1.2010 // TRUE COPY // dl/ A. K. BASHEER & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - A. S. NO: 161 OF 1998 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th Day of January, 2010. JUDGMENT A. K. Basheer J., When this appeal is taken up for hearing, it is submitted by learned counsel for the parties that the matter has been settled out of the court. A memo has been filed by learned counsel for the appellants, in this regard. 2. The memo reveals that the parties have executed a Deed of partition dated November 7, 2009 and registered as document no: 2646 of 2009 SRO Puthoor, “superseding the terms of the preliminary decree and agreeing that parties shall be governed by the terms of the registered document”, referred to above. A copy of the registered Deed of partition has been made available, for our perusal. A. S. NO: 161 OF 1998 :2: In the above facts and circumstances, the decree and judgment passed by the court below in O.S. No. 39 of 1995 are set aside, as agreed among the parties. The Appeal is allowed. It is made clear that the parties shall be governed by the terms of the Partition Deed referred to above. A. K. BASHEER, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/