IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 AS.No. 537 of 1999() -------------------- OS.187/1996 of I ADDL.SUB COURT, KOZHIKODE .................... APPELLANT/PLAINTIFF: --------- PUSHPALATHA, D/O.LATE CHANDAPPAN, AGED 51 YEARS, KAVILUMPARAKKAL HOUSE, EYYAD AMSOM, UNNIKULAM DESOM, KOLYILANDI TALUK. BY ADV. SMT.SUMATHY DANDAPANI RESPONDENTS/DEFENDANTS: ----------- 1. UMESH BABU, S/O.LATE CHANDAPPAN, AMBALIPARAMBIL, SARADA SADANAM, ATHANIKKAL,VALLIKUNNU AMSOM, DESOM, THIRURANGADI TALUK. 2. VALSARAJAN, S/O.LATE CHANDAPPAN, AMBALIPARAMBIL, -DO- -DO- 3. ASHA, W/O.JAYARAJAN, GEETHA STORES, KALPATTA, WYNAD. 4. A.P.USH, W/O.KRISHNAN V.K., VALAPPIL KUNNUMMEL HOUSE, VALLIKUNNU AMSOM, DESOM. BY ADV. SRI.PAUL MATHEW (PERUMPILLIL) SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SRI.T.C.MOHANDAS SRI.T.M.SUNIL SMT.S.CHITHRA SRI.A.R.GANGADAS THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.4311/99 IN AS.NO.537/99 -------- DISMISSED Sd/- P.R.RAMAN, JUDGE. 15/2/08 Sd/- V.K.MOHANAN, JUDGE. True Copy P.S. to Judge. P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = I.A.. NO. 749/2008 & A.S. 537/1999 = = = = = = = = = = = = = = = = = = DATED THIS, THE 15TH DAY OF FEBRUARY, 2008. J U D G M E N T Raman, J. I.A. NO. 749/2008 is a joint petition filed by the parties to the appeal, under Order 23 Rule 3 of the Code of Civil Procedure. But petitioners/appellants do not set out the terms of the compromise in the said petition. However, a copy of an agreement between the parties is produced. Subsequently, the original agreement itself is produced with a memo and defect rectified. In the circumstances, the appeal is disposed of modifying the decree passed by the court below and a decree is passed in terms of the compromise. The agreement setting out the compromise shall be annexed along with this judgment. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/- :2: P.R. RAMAN & V.K. MOHANAN, JJ. = = = = = = = = = = = = I.A. NO. 749/2008 & A.S. NO. 537/1999 --------------------------- J U D G M E N T 15TH FEBRUARY, 2008.