IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 30TH NOVEMBER 2009/9TH AGRAHAYANA 1931 AS.No. 25 of 1997() ------------------- OS.182/1992 of I ADDL.SUB COURT,ERNAKULAM .................... APPELLANT: PLAINTIFF ------------------------------- ERNAKULAM THIRUMALA DEVASWOM, KOVILVATTOM DESOM, T.D. ROAD, ERNAKULAM VILLAGE, COCHIN-682035, KANAYANNUR TALUK ,REPRESENTED BY ITS PRESENT MANAGING COMMITTEE: 1. MANAGING ADHIKARI K.J, RADHAKRISHNA KAMMATH, KAMMATH LANE, T.D.ROAD, KOVILVATTOM DESOM, COCHIN-35. 2. MANAGING ADHIKARI,S.SAIBABA PRABHU, SON OF R.SADANANDA PRABHU, 40/5474, VIMAL HOUSE, T.D.ROAD, COCHIN-35, KOVILVATTOM, ERNAKULAM 3. MEMBER P.S.JAYAPRAKASH PRABHU, SON OF P.R.SREENIVASA PRABHU, PULLEPADAM HOUSE, 40/7301,T.D.EAST SANNIDHI ROAD, ERNAKULAM COCHIN-35. 4. MEMBER: S. SUDHAKARA SHENOY , SON OF SREENIVASA SHENOI RESIDING AT 40/7247, SREENIVASA MALLAN CROSS ROAD, KOVILVATTOM DESOM, ERNAKULAM COCHIN-682035. 5. MEMBER: V.MURALEEDHARA BHAT, SON OF VASEDEVA VADHYAR ARIKODITHUNDIPARAMBU, 40/7312, T.D. EAST SANNIDHI ROAD, KOVILVATTOM, ERNAKULAM, COCHIN-35. * NAME AND ADDRESS OF THE PERSON TO BE SUBSTITUTED IN THE PLACE OF THE ABOVE SAID PERSONS. 1. MANAGING ADHIKARI- P.RANGADASA PRABHU, AGED 60 YEARS, BUSINESS, S/O.LATE PADMANABHA PRABHU, RESIDING AT SREERANGA NIVAS, T.D.WEST ROAD, ERNAKULAM, KOCHI - 682 035, KANAYANNUR TALUK. 2. MANAGING ADHIKARI - P.S.JAYAPRAKASH PRABHU, AGED 65 YEARS, S/O.LATE SREENIVASA PRABHU, RESIDING AT SREENIVASA ENCLAVE, T.D.EAST SANNNIDHI ROAD, ERNAKULAM, KOCHI - 682 035, KANAYANNUR TALUK. 3. MEMBER - V.RAJKUMAR KAMATH, AGED 48 YEARS, S/O.A.V.KAMATH, RESIDING AT 46, R.D.ROAD, ERNAKULAM, KOCHI - 682 035, KANAYANNUR TALUK. 4. MEMBER, T.G.KAMALNATH SHENOY, AGED 45 YEARS, S/O.LATE T.V.GOVINDA SHENOY, RESIDING AT RADDEY SYAM, T.D.EAST SANNIDHI ROAD, ERNAKULAM, KOCHI - 682 035, KANAYANNUR TALUK. AS.No. 25 of 1997 ::2:: 5. MEMBER - S.SUDHAKARA SHENOY, AGED 74 YEARS, S/O.SREENIVASA SHENOY, SREENIVASA MALLAN ROAD, KOCHI - 35. *NAME AND ADDRESS OF THE MEMBERS OF THE MANAGING COMMITTEE ARE SUBSTITUTED AS PER ORDER DATED 30.11.2009 IN I.A.NO.3631/2009 IN A.S.NO.25/1997. BY ADV. MR.T.V.ANANTHAN MR.C.D.JOSE MS.M.CHANDRALEKHA RESPONDENTS/DEFENDANTS -------------------------------------------- 1. S.MALATHI, HOUSEWIFE, W/O R.SADANANDAN, “ RAGHU VIHAR”, ASOKA ROAD, KALOOR , ELAMKULAM VILLAGE, COCHIN- 682017 KANAYANNUR TALUK 2. R.SADANANDAN, BUSINESS, SON OF RAMACHARIYAR, “RAGHU VIHAR” , ASOKA ROAD, KALOOR, ELAKULAM VILLAGE COCHIN-682017, KANAYANNUR TALUK. ADV. MR.K.V.AUGUSTINE MR.PRINCE VARGHESE. K. FOR R1 & R2 MR.K.A.SHAJI MATHEW FOR R1 & R2 MR.D.KRISHNA PRASAD FOR R1 & R2 THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------- A.S.No.25 of 1997 ---------------------------------------- Dated this the 30th day of November, 2009 JUDGMENT This appeal is directed against the judgment and decree in O.S. No. 182/1992 on the file of the 1st Additional Sub Court, Ernakulam. The suit was filed for recovery of possession of the plaint schedule property, with compensation for use and occupation, past and future. The defendants in the suit are the tenants occupying the land belonging to the plaintiffs. The suit was dismissed finding that the defendants/tenants are in possession of the land from 12.1.1067 M.E onwards and are entitled to protection of Section 106 of the Kerala Land Reforms Act . In the course of the proceedings in this appeal the parties entered into a compromise agreement agreeing to settle the disputes between them. Accordingly, they jointly filed I.A No. 3630/2009 praying to accept the terms of compromise, record the same, and to pass a decree in terms of the compromise. Since the matter was settled between the parties, the prayers sought for in the said I.A. can be allowed. Accordingly I.A. No.3630 of 2009 filed under order XXIII Rule 3 of the Code of Civil Procedure,is allowed. A decree in terms of the compromise is passed. The terms of compromise described as Item Nos.1 to 14 in the said I.A. are recorded and shall form part of the decree. The appeal stands disposed of as above. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- ---------------------------- JUDGMENT 1st September, 2009