IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 AS.No. 794 of 1997(E) --------------------- OS.153/1994 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT/2ND DEFENDANT: --------------------------------------------- SISTER D. SOBHA, DEVAPRIYADAM, MALAYATTOOR KARA, DO. VILLAGE, ALUVA TALUK. BY ADV. SRI.J.JULIAN XAVIER RESPONDENTS/PLAINTIFF & DEFTS.1, 3 AND 4: -------------------------------------------------------------------- 1. THOMAS, S/O. THOMAS PANACHIKKAL HOUSE, KORATTY DESOM MURINGOOR, THEKKUMMURI VILLAGE, MUKUNDAPURAM TALUK. 2. DEVAPRIYADAM, AT MALAYATTOOR DESOM, DO. VILLAGE, REP. BY ITS RT. REV. DR. GRIGARI, KAROTHPARD, CMI, RAJKOT BISHOP, BISHOP HOUSE, SAURASHTRA UNIVERSITY P.O. RAJKOT - 360 005, GUJARATH. 3. SISTER BERTILA, S.D. ADMINISTRATOR, DEVAPRIYADAM, DO. DO. 4. POULO, ST. THOMAS, PANACHIKKAL MALAYATTOOR KARA, DO. VILLAGE. ADV. SRI.GEORGE VARGHESE KIZHAKKAMBALAM THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.L. JOSEPH FRANCIS, J. - - - - - - - - - - - - - - - - - - - - - - - - - - A.S.No. 794 of 1997 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2009 JUDGMENT Joseph Francis, J. This appeal is filed by the second defendant in O.S.No. 153 of 1994 on the file of the Principal Sub Court, N.Parur. The first respondent is the plaintiff and respondents 2 to 4 are the other defendants in that suit, which was filed to set aside the documents. 2. As per judgment and decree dt. 8.7.1996, Document No.1788 of 1992 dt. 3.7.1992 is set aside. Document No. 1361 of 1992 dt. 2.5.1991 is set aside with respect to the plaint schedule property. The plaintiff is also allowed to recover possession of the plaint schedule property from defendants 1 to 3. He was also entitled to get cost of the suit from defendants 1 to 3. The 4th defendant is not liable for the cost. Against that judgment and decree, the second defendant filed this appeal. A.S.No. 794 of 1997 2 3. During the pendency of this appeal, respondents 2 to 4 are removed from the party array as per order in I.A.No. 1901 of 2009. The appellant and the first respondent/plaintiff filed a compromise petition as I.A.No. 2033 of 2009. The compromise is recorded. 4. Hence this appeal is allowed. The judgment and decree in O.S.No. 153 of 1994 on the file of the Principal Sub Court, N.Parur is set aside and that suit is decreed as per the compromise. The compromise will form part of the decree. The parties are directed to suffer their respective cost in the appeal and in the suit. (M.L. JOSEPH FRANCIS) Judge tm