IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 AS.No. 756 of 1999(D) --------------------- OS.15/1980 of I ADDL.DISTRICT COURT (SPECIAL), ERNAKULAM .................... APPELLANT(S): 3RD DEFENDANT: --------------------------------------------------- PAILY OUSEPH, AGED 65, NJATTUMKALA POKKATTU HOUSE, CHENGARA KARA, PATTIMATTAM, PATTIMATTOM VILLAGE. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENT(S): 2ND PLAINTIFF,1ST DEFENDANT,5TH DEFENDANT, ADDL.DEFENDANTS 6 & 7: ------------------------------------------------------------------- 1. K.J.MATHAI, KATTAKKAKOM HOUSE, CHENGARA KARA, PATTIMATTAM P.O. 2. REV. FR. M.A. GEORGE, VICAR, (DIED) ST.MARY'S ORTHODOX SYRIAN CHURCH, VALAMPOOR, AIKKARANAD VILLAGE. 3. THOMAS MAR OSTHATHIOS PROFESSING METROPOLITAN, ALSO NOW RESIDING KONTHA SEMINARY, THIRUVAMKULAM.(DIED) 4. N.V.VARGHESE, NJATTUMKALAYIL, KADAYIRUPPU PO, KOLENCHERRY, ERNAKULAM DISTRICT. 5. FR.T.V.ANDROSE, THERAVAKAKATTIL HOUSE, PATTIMATTOM PO, KIZHAKKAMBALAM, ERNAKULAM DIST. Kss ..2/- ..2.... AS.NO.756/1999 *ADDL.R6 TO R9 IMPLEADED: R6. SRI.N.K.PAULOSEKUTTY ADVOCATE, NJATTUMKALAYIL HOUSE, KADAYIRUPPU PO, KOLENCHERY VIA ERNAKULAM DIST TRUSTEE, ST. MARY'S JACOBITE SYRIAN CHURCH, VALAMBOOR. R7. REV. FR. PAULOSE PUTHIYAMADATHIL, VICAR, ST. MARY'S JACOBITE SYRIAN CHURCH VALAMBOOR, KADAYIRUPPU PO, KOLENCHERY VIA, ERNAKULAM DISTRICT. R8. SRI. K.V. THOMAS, KAPLINGATTIL HOUSE, KADAYIRUPPU PO, KOLENCHERY VIA, ERNAKULAM DIST., KAIKKARAN, ST, MARY'S ORTHODOX SYRIAN CHURCH, VALAMBOOR. R9. REV. FR. JOHN THENUNGAL, VICAR, ST.MARY'S ORTHODOX SYRIAN CHURCH, VALAMBOOR, KADAYIRUPPU PO, KOLENCHERY VIA, ERNAKULAM DIST. (*ADDL.R6 TO R9 ARE IMPLEADED AS PER ORDER DTD. 07/04/2011 IN I.A.NO.1267/11) R1 BY ADV. SRI. S. SREEKUMAR R1 BY ADV. SRI.P.B.KRISHNAN R1 BY ADVS.SRI.R.SURAJ KUMAR, SMT.GEETHA P.MENON, SRI.P.M.NEELAKANDAN. SRI.BIJU ABRAHAM R4 BY ADVS.SRI.P.N.RAMAKRISHNAN NAIR, SRI.P.VISWANATHAN. SRI.P.A.HARISH, (ADV.COMMISSIONER) R5 BY ADVS.SRI.NELSON J.MANAYIL, SRI.C.K.KUNJUMON. THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss HARUN-UL-RASHID,J. ------------------------------- S.A. NO. 756 OF 1999 ------------------------------- DATED THIS THE 13TH DAY OF JUNE, 2011 JUDGMENT The 3rd defendant in O.S.No.15/1980 on the file of the Ist Additional District Court, Ernakulam is the appellant. The trial court granted a decree declaring that the St. Mary's Church and the properties scheduled under the plaint are to be governed under the constitution adopted in 1934 by Manalankara Orthodox Syrian Church. 2. Pending appeal, the members of both factions reached out of court settlement. The terms of settlement have been recorded and the parties have executed a settlement agreement on 7/4/2011 produced as Annexure-1 in I.A.No.1270/2011. As per the terms of settlement, plots A and A1 in Annexure-1 plan are allotted to the plaintiff and plots B and B1 to the defendants in the suit. In terms of compromise it is declared that the plaintiffs and defendants are title holders of plots A, A1, B and B1 in -2- S.A.No.756/99 Annexure-1 plan respectively. The parties filed IA. for passing a decree in terms of compromise. Being a matter contested by the parties in a representative capacity the settlement was notified through paper publication calling for objections, if any. Leave granted to compromise the suit in terms of Annexure-1 settlement agreement under Order 23 of Rule 3(b) of the CPC. The terms of settlement entered into between the parties are recorded. A decree is passed in terms of the compromise. The parties are at liberty to apply for mutation in terms of the division entered as per the terms of compromise. The terms of settlement stated in Annexure-1 shall form part of the decree. Appeal is disposed of in terms of the compromise. HARUN-UL-RASHID, Judge. kcv.