IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD JANUARY 2007 / 3RD MAGHA 1928 RSA.No. 110 of 2004() --------------------- AS.101/1998 of III ADDL.SUB COURT, ERNAKULAM OS.129/1992 of PRL.M.C.,ERNAKULAM .................... APPELLANT/APPELLANT/IST DEFENDANT -------------------------------------------------- KARAMBAN, AGED ABOUT 65 YEARS, S/O.PALANCHERRY KUTTAN, KOTTETH THEKKAE PURAYIDOM, KAKKANADU KARA, VAZHAKKALA VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.K.S.BABU SMT.N.SUDHA RESPONDENTS: RESPONDENTS/PLINTIFF AND ADDL.DEFEDANTS 2 AND 3 ---------------------------------------------------------------------------------------- 1. GOPALAN ELAYIDAM, AGED 79 YEARS, NEPHEW OF KUTTAN ELAYIDAM, RESIDING AT THEMMAYATH PUTHEN MADHAM, KUNDNNUR KARA, VAZHAKKALA VILLAGE, KANAYANNUR TALUK.(DIED). 2. R.KRISHNA MOORTHY, S/O.RAMAKRISHNA IYER, SRAMBIKKAL MADATHIL, KODANAD KARA, KODANAD VILLAGE, KUNNATHUNADU TALUK. 3. P.R.SUKUMARAN, S/O.RAGHAVAN PILLAI, HOUSE NO.XI/27, PUTHENPURAYIL, KAKKANADU KARA, KANAYANNUR TALUK. - 2 - ADDL. RESPONDENTS: 4. SAVITHRI KUNJAMMA, W/O.LATE GOPALAN ELAYIDAM, KIZHAKKETHEMMAYATH PUTHEN MADAM, PALACHUVADU, KAKKANADU, VAZHAKKALA VILLAGE, KANAYANNUR TALUK.(DIED). 5. SATHY GOPINATH, D/O.LATE GOPALAN ELAYIDAM, -DO- -DO- -DO-. 6. INDIRA SURENDRAN, D/O.LATE GOPALAN ELAYIDAM, -DO- -DO- -DO-. 7. RADHA SASIDHARAN, D/O.LATE GOPALAN ELAYIDAM, -DO- -DO- -DO-. 8. VIJAYALAKSHMI VASUDEVAN, D/O.LATE GOPALAN ELAYIDAM, -DO- -DO- -DO-. 9. SREEDEVI VIKRAMAN, D/O.LATE GOPALAN ELAYIDAM, -DO- -DO- -DO-. 10.NARENDRANATHAN, S/O.LATE GOPALAN ELAYIDAM, -DO- -DO- -DO-. 11.KANAKAVALLY VISWANATHAN, D/O.LATE GOPALAN ELAYIDAM, -DO- -DO- -DO-. (RESPONDENTS 4 TO 11 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED 1ST RESPONDENT AND ADDITIONAL RESPONDENTS 5 TO 11 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED 4TH RESPONDENT AS PER ORDER DT.16- 2-2006 IN I.A.1963/05 AND MEMO DT.6-2-2006 WITH CF.NO.843/06.) BY ADV. SRI.DINESH R.SHENOY SMT.MINI GOPINATH SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SMT.USHA NARAYANAN SRI.PRAMODH.R. SRI.DINESH R.SHENOY THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = R.S.A.110 of 2004 & I.A.155 of 2007 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of January, 2007. JUDGMENT The parties have entered into a compromise and have filed a compromise petition, I.A.155/2007 incorporating the terms of the compromise. The same is also signed by the counsel for the parties. The compromise is recorded. Accordingly, the impugned decree is vacated and the appeal is disposed of by passing a decree in terms of the compromise. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/-