IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 FAO.No. 247 of 2008() --------------------- AGAINST THE ORDER DATED 14/08/2008 IN IA 975/2008 IN OS.169/1996 of SUB COURT, PALA .................... APPELLANT/PETITIONER: -------------------- A.R.GOPAKUMAR, S/O.RAMANKUTTY, ARACKAL HOUSE, MANJOOR VILLAGE AND KARA, VAIKOM TALUK BY ADV. SRI.P.C.HARIDAS RESPONDENTS/COUNTER PETITIONERS: --------------- 1. SAJI JOSEPH, S/O.JOSEPH, MALIAKAL HOUSE, KADAPPATTOR KARA, MEENACHIL TALUK. 2. KOMALAVALLY, W/O.THANKAPPAN, PADIYAPPALLIL HOUSE, KIZHAPARAYAR KARA, POOVARANI VILLAGE. 3. JOY THOMAS, KIZHAKKEDATHU HOUSE, POOVARANI VILLAGE, KIZHAPARAYAR KARA. 4. P.J.JOSE, PULLATTU HOUSE, VELLILAPPALLY VILLAGE. ADV. K.B.ARUNKUMAR CAVEATOR SRI.MATHEW JOHN (K) FOR R1 SRI.AJEESH K.SASI FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 13/03/2009, ALONG WITH WPC NO.28613 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- F.A.O.No.247 of 2008 & W.P(C)No.28613/2008 ----------------------------------------- Dated this the 13th day of March, 2009 JUDGMENT Sankaran,J. The first respondent Saji Joseph filed O.S.No.169/1996 on the file of the Court of the Subordinate Judge of Pala against the second respondent Komalavally for specific performance of an agreement for sale of the plaint schedule property. Respondents 3 and 4, Joy Thomas and P.J.Jose were impleaded in the suit as additional defendants 2 and 3. The suit was decreed by judgment and decree dated 13th June 2008 directing the first defendant Komalavally to execute a sale deed in respect of the plaint schedule property in favour of the plaintiff after receiving the balance sale consideration of Rs.1,10,000/-. 2. After the decree was passed, A.R.Gopakumar, the appellant in the appeal and the petitioner in the writ petition, filed I.A.Nos.975/2008 and 976/2008 to set aside the judgment and decree and also to implead him as an additional defendant. The court below dismissed the applications. Against the dismissal F.A.O.No.247 of 2008 & W.P(C)No.28613/2008 -:2:- of the application to set aside the decree F.A.O.No.247/2008 is filed. Against the dismissal of the application to implead the petitioner, he has filed the writ petition. 3. The plaintiff and the first defendant have entered into a compromise. The compromise is filed along with I.A.No.912/2009 in the F.A.O. As per the compromise the plaintiff has received a sum of Rs.2,50,000/- together with interest, in full and final settlement of all his claims in O.S.No.169/1996. It is made clear in the compromise that the plaintiff does not have any further claim against the first defendant. It is also prayed that the compromise may be recorded and the suit may be dismissed as unnecessary. 4. Since the dispute between the plaintiff and the first defendant has been compromised, it is submitted that the judgment and decree in O.S.No.169/1996 may be set aside by allowing F.A.O.No.247/2008 and W.P(C)No.28613/2008 and after recording the compromise the suit may be dismissed. The statement made by the parties is just and reasonable. We accept the submission. The F.A.O. and the writ petition are allowed. F.A.O.No.247 of 2008 & W.P(C)No.28613/2008 -:3:- The judgment and decree in O.S.No.169/1996 are set aside. The compromise is recorded and the suit is dismissed in terms of the compromise. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- F.A.O.No.247 of 2008 & W.P(C)No.28613/2008 ---------------------------- JUDGMENT 13th March 2009