IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 RFA.No. 459 of 2009(D) --------------------------- OS.236/2006 of II ADDL.SUB COURT,ERNAKULAM .................... APPELLANT/10TH DEFENDANT ------------------------------------- P.C.CHANDRASEKHARAN,S/O. PANKAJAKSHY- AMMA, PLACHERI PARAMBIL, ELAMAKKARA, EDAPPALLY SOUTH VILLAGE. BY ADV. SRI.P.BABU KUMAR RESPONDENT(S): PLAINTIFF/DEFENDANTS 1 TO 9 & 11: ------------------------------------------------------------------- 1. GIRIJA DEVI, D/O.BALACHANDRAN, AGED 67 YARS, SOUPARNIKA, CHANGAMPUZHA ROAD, EDAPPALLY NORTH VILLAGE. 2. PADMAKSHY AMMA, D/O. MADHAVI AMMA, AGED 84 YEARS, PUKKATTU HOUSE, KIZHAKKEPURAM KARA, KOTTUVALLY VILLGE, PARUR TALUK. 3. AMBIKA DEVI, D/O.PADMAKSHY AMMA, AGED 58 YEARS,PUKKATTU HOUSE, KIZHAKKEPURAM KARA, KOTTUVALLY VILLAGE, PARUR TALUK. 4. UNNIKRISHNAN,S/O. PADMAKSHY AMMA, AGED 56 YEARS, PUKKATTU HOUSE, KISHAKKEPURAM KARA, KOTTUVALLY VILLAGE, PARUR TALUK. 5. DIVAKARAN S/O. PADMAKSHY AMMA, AGED 54 YEARS, PUKKATTU HOUSE, KIZHAKKEPURAM KARA KOTTUVALLY VILLAGE, PARUR TALUK. 6. BALACHANDRAN,S/O. PADMAKSHY AMMA, AGED 49 YAERS, PUKKATTU HOUSE, KIZHAKKEPURAM KARA, KOTTUVALLY VILLAGE, PARUR TALUK. 7. RATHNAMMA, W/O RAMAN PILLAI, AGED 81 YEARS, SREEKRISHNA SADANAM, VADAKKUPURAM P.O. PARUR TALUK. 8. A.R.RAJAN,S/O. RAMAN PILLAI, AGED 59, SREEKRISHNA SADANAM, VADAKKUPURAM P.O. PARUR TALUK. 9. SANTHAMMA D/O. RAMAN PILLAI, AGED 57, SREEKRISHNA SADANAM, VADAKKUPURAM P.O. PARUR TALUK. 10. NIRMALA D/O. RAMAN PILLAI, AGED 55, SREEKRISHNA SADANAM,VADAKKUPURAM P.O. PARUR TALUK. 11. RADHAMANI AMMA, D/O. PANKAJAKSHY AMMA AGED 64,SREE GURUVAYOORAPPAN, MANIKKATH CROSS ROAD, ERNAKULAM. ADV. SRI.M.M.MATHEW (MANNOOR ETTONNIL) FOR R1 SMT.LEELAMMA GEORGE ABRAHAM FOR R1 SRI.PRATAP ABRAHAM VARGHESE FOR R1 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = R.F.A. 459 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of January, 2011. J U D G M E N T GOPINATHAN , J . 10th defendant in O.S.236/06 on the file of the II Additional Sub Judge, Ernakulam is the appellant. First respondent herein instituted the above suit seeking a decree of partition. After a full-fledged trial, the suit was decreed whereby the plaintiff was found entitled to get one out of three shares over the plaint schedule property. Consequently, appropriate reliefs were granted by the impugned preliminary decree. Challenging the above preliminary decree this appeal was preferred by the 10th defendant to whom 1/3rd share was granted along with 11th defendant. The matter was referred to the Mediation Centre and it was settled in between R.F.A. 459 OF 2009 -:2:- the appellant/10th defendant and the first respondent(plaintiff). Accordingly, settlement agreement was drafted and signed by the appellant/10th defendant and first respondent/plaintiff and their counsel. We find no reason to reject the settlement agreement as it is in accordance with law. By the settlement agreement the appellant/10th defendant had agreed to purchase the share of the first respondent for value shown therein under clause (4). 2. In the above circumstances the appeal is disposed of in terms of the settlement agreement. The judgment and decree impugned would stand modified to that extent. Settlement agreement dated 20.12.2010 would form part of the decree. Sd/-M.N. KRISHNAN, JUDGE. Sd/-P.S. GOPINATHAN, JUDGE. ul/- true copy P.A. to Judge.