IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 RSA.No. 619 of 2010() --------------------- AS.92/2006 & CROSS OBJECTIONS of DISTRICT COURT, KOZHIKODE OS.458/2003 of ADDL..M.UNSIFF COURT, .KOZHIKODE-I .................... APPELLANT(RESPONDENT/PLAINTIFF) --------------------------------------------------- MAMMU, S/O.EDAVALATH KAITHAL MOIDU, RESIDING AT CHERAPURAM AMSOM AND DESOM, KOYILANDY TALUK. BY ADV. SRI.D.KRISHNA PRASAD SMT.O.K.SANTHA SMT.P.L.MARY TREASA RESPONDENT(S): (APPELLANTS/DEFENDANTS 1 TO 6) ----------------------------------------------------------------------------- 1. RADHA AMMA, W/O.KALATHIL APPUNNI NAIR, RESIDING AT VADAKKE KORAPASAM HOUSE, CHEVAYUR AMSOM, DESOM, KOZHIKODE TALUK. 2. KALATHIL AJITHA, D/O.KALATHIL APPUNNI NAIR, RESIDING AT VADAKKE KORAPASAM HOUSE, CHEVAYUR AMSOM, DESOM, KOZHIKODE TALUK. 3. KALATHIL VINOD, S/O.KALATHIL APPUNNI NAIR, RESIDING AT VADAKKE KORAPASAM HOUSE, CHEVAYUR AMSOM, DESOM, KOZHIKODE TALUK. KADEEJUMMA. 4. KALATHIL AJEESH, S/O.KALATHIL APPUNNI NAIR, RESIDING AT VADAKKE KORAPASAM HOUSE, CHEVAYUR AMSOM, DESOM, KOZHIKODE TALUK. 5. KALATHIL NIRMALA, D/O.KALATHIL APPUNNI NAIR, RESIDING AT VADAKKE KORAPASAM HOUSE, CHEVAYUR AMSOM, DESOM, KOZHIKODE TALUK. 6. KALATHIL ANILKUMAR, S/O.KALATHIL APPUNNI NAIR, RESIDING AT VADAKKE KORAPASAM HOUSE, CHEVAYUR AMSOM, DESOM, KOZHIKODE TALUK. ADV. SRI.M.KRISHNAKUMAR FOR R1-6 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== R.S.A. No. 619 OF 2010 =========================== Dated this the 20th day of August,2011 JUDGMENT Appellant is the plaintiff and the respondents the defendants in O.S.458/2003 on the file of Munsiff Court, Kozhikode. The suit was filed for recovery of possession of the plaint schedule building. The suit was originally decreed. Respondents challenged it before the District Court, Kozhikode in A.S.92/2006. Learned District Judge allowed the appeal and set aside the decree passed by the trial court and dismissed the suit. It is challenged in the Second Appeal. 2. Second Appeal was admitted formulating the substantial questions of law. I.A.No.2055/2011 is jointly filed by the appellant and the respondents under Rule 3 of Order XXIII of Code of Civil Procedure R.S.A.619/2010 2 submitting that the entire disputes were settled amicably and respondents have already vacated the building and surrendered actual possession to the appellant on 28.7.2011 and appellant has given up the claim for arrears of rent. The petition is signed by the appellant respondents and their counsel. Petition is allowed and compromise is recorded. Appeal is disposed in terms of the compromise. The compromise petition will form part of the decree. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006