IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 R.F.A.No. 900 of 2008 --------------------- (OS.590/2005 of I ADDL. SUB COURT,ERNAKULAM ) APPELLANT / PLAINTIFF NO.1 --------------------------------------------- M/S. FOUR SQUARE ESTATES PVT. LTD, 9D, KATTIKARAN TOWERS, ERNAKULAM, COCHIN-682018, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.K.M. VARGHESE. BY ADV. SRI.PHILIP MATHEW RESPONDENTS/ DEFENDANTS --------------------------------------------- 1. REALITY PROJECTS AND ENTERTAINMENTS PVT LTD.,HAVING ITS REGISTERED OFFICE, G-36/2176, PUTTUKALLEL COMPLEX, KALOOR - KADAVANTHRA ROAD, COCHIN-682017, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THARIAN JOSEPH, S/O. LATE K.P. PAPPAN, AGED 46 YEARS , POWER OF ATTORNEY HOLDER OF OF FR. PAUL KANNARKAT, DR. JOY KANNARKAT, K.LAZAR, K.L. EARNEST, K.L.PETER PAULSON JULIET SEBASTIAN IN RESPECT OF THE PLAINT SCHEDUE PROPERTIES AND DIRECTOR OF THE IST PLAINTIFF COMPANY AND 1ST DEFENDANT COMPANY AND NOW RESIDING AT 27/1423,KANNARKAT HOUSE, PANAMPILLY NAGAR,COCHIN-682036. 3. C. VINOD, S/O. VASUDEVAN NEDUNGADY, AGED 48 YEARS, A DIRECTOR OF THE IST PLAINTIFF COMPANY AND THE IST DEFENDANT COMPANY, NOW RESIDING AT NEITHA, WARRIAM ROAD, COCHIN-682016. R.F.A.No. 900 of 2008 4. BABY JOSEPH, S/O. LATE V.C. JOSEPH, AGED 5O YEARS, A DIRECTOR OF THE IST PLAINTIFF COMPANY AND THE IST DEFENDANT COMPANY, NOW RESIDING AT 6C, SURAYKANTHY APARTMENTS, IYYATTIL JUNCTION CHITTOOR ROAD, COCHIN-682011. 5. SURESH THOMAS, S/O. LATE SRI. THOMAS, AGED 37 YEARS, PANAMTHOTTATHIL HOUSE, PAZHAVANGADI.P.O, RANNI - 689 673, PATHANAMTHITTA DISTRICT. R1, R3 AND R4 BY ADV. SRI.DEEPU THANKAN R2 BY ADV. SRI.B.N.SHIVSANKAR THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. ........................................................................ R.F.A. No. 900 OF 2008 ......................................................................... Dated this the 5th February, 2009 J U D G M E N T Kurian Joseph, J. : This appeal is filed by the first plaintiff in O.S.No. 590 of 2005 on the file of the Sub Court, Ernakulam. The suit was filed for declaration and consequential relief. The suit was dismissed. Hence the appeal. 2. During the pendency of the appeal, the parties have settled the disputes out of court and they filed a joint petition as I.A.No.446 of 2009, incorporating the memorandum of understanding, which is the Annexure attached to I.A.No. 446 of 2009. The terms of compromise, as stated in I.A.No. 446 of 2009, are recorded. The appeal is disposed of in terms of the compromise as R.F.A. No. 900 OF 2008 2 recorded in I.A.No. 446 of 2009. I.A.No. 446 of 2009 will form part of the decree. KURIAN JOSEPH, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk