IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 SA.No. 375 of 1998(C) --------------------- AS.79/1991 of SUB COURT, CHERTHALA OS.267/1990 of PRINCIPAL MUNSIFF COURT, CHERTHALA .................... APPELLANT(S)/APPELLANT/PLAINTIFF: -------------- PADMANABHAN PEETHAMBARAN, RESIDING AT SHEEJA BHAVAN, S.M.C. XI, CHERTHALA EAST, KOKKOTHAMANGALAM VILLAGE. BY ADV. SRI.P.R.VENKETESH SRI.P.R.VENKETESH SRI.SATHISH NINAN RESPONDENT(S)/RESPONDENT/DEFENDANT: --------------- *PADMANABHAN APARAJITHAN, (*DIED) PUTHANPURAYIL, PADINJATTUMKARA THEKKUM MURI, THURAVOOR THEKKU VILLAGE ADDL.R2. BINU A, AGED 39 YEARS, S/O. LATE APARAJITHAN, PUTHANPURAYIL, THURAVOOR SOUTH VILLAGE, THIRUMALA BHAGOM P.O., THURAVOOR. ADDL. R3 SATHY M.K. AGED 62 YEARS, DO DO ADDL.R4 VEENA P.S., AGED 35 YEARS, RESIDING AT RAGAM, KUTHIYATHODU P.O., KODAMTHURUTH, KUTHIYATHODU P.O. ADDL.R2 TO R4 ARE IMPLEADED AS PER ORDER IN I.A.NO.1898/2011 DATED 9.8.2011. ADV. SRI.K.RADHAKRISHNAN, SENIOR ADVOCATE SRI.SAJEEV KUMAR K.GOPAL FOR ADDL-R2-4 SMT.AMBIKA RADHAKRISHNAN FOR ADDL-R2-4 THIS SECOND APPEAL HAVING COME UP FOR ADMISSION ON ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - S.A. No. 375 of 1998 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of August, 2011. JUDGMENT This appeal arises out of O.S. No.267/1990 before the Principal Munsiff Court, Cherthala. It is unnecessary to go into the facts of the case for the simple reason that the appeal could be disposed of on a short ground. 2. Parties to the suit have filed a compromise petition under Order XXIII Rule 3 of CPC pointing out that they have settled the differences between them and have arrived at a settlement. They prayed that the decree could be passed on the terms of the compromise petition. 3. After going through the petition so filed, it is seen that the terms of the compromise entered into between the parties are proper. S.A.No.375 of 1998. 2 4. In the result, this appeal is allowed. The impugned judgment and decree are set aside and a decree is passed in the following terms: “The additional appellants and the additional respondents have settled the subject matter of the suit and appeal out of court. Additional respondents 2 to 4 have in recognition of the exclusive title of the additional appellants over the subject matter of the suit surrendered the same and the additional appellants have taken possession of the property from the additional respondents. All other claims by and against each other by the parties are given up. The parties have thus settled the subject matter of the suit fully and finally.” The appeal is disposed of recording the above compromise. Compromise petition shall be appended to the decree. P. BHAVADASAN, JUDGE cl.