IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 RSA.No. 570 of 2005() --------------------- AS.99/2002 of IIIRD ADDITIONAL DISTRICT COURT (ADHOC), THRISSUR OS.601/1997 of MUNSIFF'S COURT,VADAKKANCHERRY .................... APPELLANTS/APPELLANTS/PLAINTIFFS 1, 3 AND 4: ------------------------------ 1. MARY, W/O.THALAKKOTTUR THOMA. 2. VINCENT, S/O.THALAKKOTTUR THOMA. 3. THOMSON, S/O.THALAKKOTTUR THOMA. ALL ARE RESIDING AT PANNISSERY DESOM, ALOOR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R RESPONDENTS/RESPONDENTS/DEFENDANTS/2ND PLAINTIFF: --------------- 1. BABY VRINDAVANAM, RESIDING AT ANJAM NAGAR, NEAR PARTHASARADHI TEMPLE, GURUVAYOOR. 2. T.T.JOSE, S/O.THOMAS THALAKKOTTUR, C/O.THAMM DAWAS, P.B.NO. 2, 456, A1 KHAEG-11942-KSA. 3. JOY.T.T., THOMAS TOURIST AND TRAVELS, C/O.SUNGRACE ENTERPRISES, NO.8/1, 2ND CROSS, M.S.B. COLLEGE ROAD, MATHINKKARA, BANGALORE-4. 4. LILLY THOMAS, RESIDING AT THARAKAN HOUSE, PUZHAKKAL P.O., THRISSUR. 5. SISTER LUSSIE @ PRABHA, F.C.CONVENT, AMALA NAGAR, AMALA. -2- R.SA.NO.570/2005 6. SASIKUMAR, S/O.ANTHIKKATTU SEKHARAN, RESIDING AT PANNISSERY DESOM, ALOOR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 7. JOSHY.T.T., P.B.NO.138, AL SULAYIL, RIYADH, KSA. SENIOR ADV. SMT.SUMATHY DANDAPANI, FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.ANO.1087/2005 IN R.S.A.NO.570/2005 ------------------------ DISMISSED 28/5/2009 Sd/- HARUN-UL-RASHID, JUDGE. HARUN-UL-RASHID,J. --------------------------- R.S.A.NO.570 OF 2005 ---------------------------- DATED THIS THE 28TH DAY OF MAY, 2009 JUDGMENT Paintiffs 1, 3 and 4 in O.S.No.601/97 on the file of the Munsiff's Court, Wadakanchery are the appellants herein. This appeal is directed against the judgment and decree dated 25/11/2004 in A.S.No.99/2002 on the file of the court of the III Additional District Judge (Adhoc), Thrissur. 2. When the matter was take up for hearing, it is reported that the parties jointly filed a compromise petition as I.A.No.852/2009. The terms of settlement are stated in I.A.No.852/2009. The terms of compromise is recorded and I.A.No.852/2009 filed under Order XXIII Rule 3 of the Code of Civil Procedure shall form part of this judgment. Appeal is disposed of in terms of compromise. No order as to costs. Sd/- HARUN-UL-RASHID, Judge. kcv. -2- R.S.A.No.570/2005