IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 AS.No. 463 of 1997() -------------------- OS.41/1982 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT: PLAINTIFF --------------- C.S.I. TRUST ASSOCIATION REP. BY POWER OF ATTORNEY HOLDERS- 1. V.REV.M.T.THARIYAN, S/O MR.K.T.THARIAN CLERGY SECRETARY, MADHYA KERALA DIOCESE, C.S.I. DIOCESAN OFFICE CATHEDRAL ROAD, KOTTAYAM - 1 2. REV.T.O.OOMMEN, S/O SRI.OOMMEN.T.OMMEN DIOCESAN TREASURER, MADHYA KERALA DIOCESE, C.S.I. DIOCESAN OFFICE CATHEDRAL ROAD, KOTTAYAM -1 BY ADV. SRI.K.K.JOHN RESPONDENTS: DEFENDANTS ------------- 1. C.M.JOYKUTTY, RESIDING AT C.M.S COLLEGE COMPOUND ANNANKUNNU PANAYAKKAZHIPPU KARA VIJAYAPURAM VILLAGE KOTTAYAM TALUK 2. SMT.SOSAMMA MATHEW W/O LATE C.J. MATHAI RESIDING AT THE ABOVE ADDRESS BY ADV. SRI.MATHEW JOHN (K) THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - A.S.No.463 OF 1997 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2008 JUDGMENT The second respondent in the Appeal is no more and it is submitted by both sides that it is not necessary to implead anybody as the legal heir of the second respondent since her interest in the subject matter of the case has not devolved upon anybody else. More over it is seen that the second respondent is the mother of the first respondent. Appellant and the first respondent have filed I.A.No.2731/08. It is a compromise petition. The terms of the compromise petition incorporated in paragraphs 1, 2 and 3 are recorded. Accordingly, in modification of the judgment and decree under appeal, the suit will stand dismissed and the appeal will stand disposed of in terms of the compromise now recorded. Refund ½ of the court fee paid on the appeal memorandum to Sri.K.K.John, counsel for the appellant. PIUS.C.KURIAKOSE JUDGE sv.