IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 A.S.No. 81 of 1998 (A) ---------------------------------- OS.143/1996 of SUB COURT, PALA .................... APPELLANT (DEFENDANT): SOBHA KUNJAPPAN W/O KUNJAPPAN, CHAKKIAMURI PUTHUVIPE P.O., VIPINE VILLAGE, ERNAKULAM BY ADV. SRI.P.R.VENKETESH RESPONDENT (PLAINTIFF) A.J.GEORGE, S/O JOSEPH (died) ARIASSERY HOUSE, NEAR KOLOTHUMKADAVU VAIKOM KARA, VAIKOM NADUVILE VILLAGE VAIKOM TALUK Addl. R2. THRESIAMMA GEORGE AGED 64 YEARS, W/O LATE GEORGE, ARIASSERY HOUSE NEAR KOLOTHUMKADAVU, VAIKOM KARA, VAIKOM NADUVILA VILLAGE, VAIKOM TALUK Addl. R3: JOSEPH GEORGE S/O LATE GEORGE -- DO -- -- DO -- Addl. R4: GEORGE GEORGE S/O LATE GEORGE -- DO -- -- DO -- Addl. R5: ALICE MATHEW W/O MATHEW, KAMATHUMATHIL HOUSE KADUTHURUTHY P.O., KADUTHURUTY (Legal heirs of the sole respondent has been impleaded as additional respondent No.2 to 5 vide order dated 10-8-2004 on I.A.1476/04) ADV. SRI.MATHEW JOHN (K) SRI.V.K.ISSAC FOR R2 TO R5 SRI.K.K.APPU FOR R2 TO 5 SRI.ISAC SANJAY FOR R2 TO 5 SRI.V.K.VISWAMBHARAN FOR R2 TO R5 THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A.S.No.81 OF 1998 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February 2010 JUDGMENT Basheer, J. When this appeal is taken up for consideration today, it is submitted by learned counsel on either side that the matter has been settled between the parties out of court. A compromise petition under Order XXIII, Rule 3 of the Code of Civil Procedure has been filed incorporating the terms of settlement along with a sketch. The parties and their respective counsel have signed in the compromise petition, which is taken on record. It is made clear that the compromise petition and the sketch shall form part of the decree and judgment. Half court fee shall be refunded to the appellant. Appeal is disposed of in terms of the above compromise. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A.S.No.81 OF 1998 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT Dated 11th Feb. 2010