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 15TH JANUARY 2009 / 25TH POUSHA 1930 AS.No. 340 of 1998() & CROSS OBJECTION -------------------- OS.26/1994 of SUB COURT, TIRUR .................... APPELLANT(S): -------------- SREERAMAN, AGED 54 YRS., S/O.PARANGUTTY, RESIDING AT RAYERIMANGALAM AMSOM DESOM OF TIRUR. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): --------------- 1.MUHAMMED SHAFI, AGED 25 YRS., S/O.SAIDALAVI, RESIDING AT RAYERIMANGALAM AMSOM DESOM OF TIRUR TALUK. 2. SAIDALAVI, AGED 49 YEARS, S/O.ABDURAHIMAN KUTTY @ IMBICHIBAVA, RESIDING AT RAYERIMANGALAM AMSOM DESOM OF TANUR. 3. RUKHIYA, AGED 27 YEARS, D/O.SAIDALAVI, RESIDING AT PRIYA BHAVAN, TANUR. 4.KHYRUNNEESA, AGED 26 YEARS, D/O.SAIDALAVI, RESIDING AT PRIYA BHAVAN, TANUR. 5.SAINUL ABEEB, AGED 25 YEARS, S/O.SAIDALAVI, RESIDING AT PRIYA BHAVAN, TANUR. ADV. SRI.K.RAMACHANDRAN SRI.T.R.RAVI SRI.KRISHNAKUMAR MANGOT SRI.K.MANU RAJ SRI.K.P.SREEKUMAR SRI.NIRMAL. S FOR R4 THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 15/01/2009, ALONG WITH THE CROSS OBJECTION, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. ---------------------------------------------- A.S. No.340 of 1998 & Cross Objection ---------------------------------------------- Dated 15th January, 2009. J U D G M E N T Kurian Joseph, J. This Appeal and Cross Objection arise from the decree and judgment in O.S.26/94 on the file of the Sub Court, Tirur. The suit is for setting aside a document and for partition. The suit was partly decreed. Thus the Appeal and Cross Objection. 2. During the pendency of the Appeal and Cross Objection before this court, the parties have entered a compromise outside the court and they have settled the disputes. The terms of the compromise are stated in I.A.5504/08. Those terms are recorded. The Appeal and Cross Objection are disposed of in terms of the compromise as recorded in I.A.5504/08. The said interlocutory application will form part of the decree. 3. In view of the disposal of the Appeal and Cross Objection as compromised between the parties, the appellant as well as the cross objectors shall be entitled to refund of one half AS NO.340/98 & cross objection 2 of the court fee. C.M.P.Nos.2573, 8088 & 5898 of 1998 : Dismissed. KURIAN JOSEPH, JUDGE. P.R.RAMACHANDRA MENON, JUDGE. tgs KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ ---------------------------------------------- A.S. No.340 of 1998 ---------------------------------------------- J U D G M E N T Dated 15th January, 2009.