IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 FAO.No. 28 of 2006() -------------------- AS.136/2002 of ADDITIONAL DISTRICT COURT (ADHOC)-II, KOLLAM OS.702/1991 of ADDL.MUNSIFF COURT, KOLLAM (IA.Nos. 4739/1998 & 2203/1999) .................... APPELLANTS/RESPONDENTS: ----------------------------- 1. NANDINI, D/O.RAMAN, SAI KIRAN, MAYYANAD P.O., KOLLAM, FROM PANNAVILA VEEDU, CHIRAKKARATHAZHAM CHERRY, KALLUVATHUKKAL VILLAGE, KOLLAM. 2. DINESAN, S/O.RAMAN, PAINERIL VEEDU, THEKKEVILA CHERRY, MUNDAKKAL VILLAGE, KOLLAM. (* DIED. LRs. IMPLEADED) 3. RAVEENDRAN, SAI KIRAN, MAYYANAD P.O., KOLLAM. * ADDL. APPELLANTS: 4. DEEPTHI R., D/O. DINESAN, PAINERIL VEEDU, THEKKEVILA CHERRY, MUNDAKKAL VILLAGE, KOLLAM. 5. C.D. BINDHU, D/O. - DO - - DO - - DO - 6. C.D. RAJESH, S/O. DINESAN, - DO - - DO - (* ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF DECEASED 2ND APPELLANT VIDE ORDER DTD. 6.3.09 ON I.A.1004/08) BY ADV. MR. K.SUBASH CHANDRA BOSE RESPONDENTS/DEFENDANTS: --------------- 1. N.PADMAVATHY, W/O.SREEDARAN, CHANGOTTU VEEDU, MAYYANADU CHERRY, MAYYANADU VILLAGE, KOLLAM. (...2/-) F.A.O.28/2006 (2) 2. K.S.PADMAJAN, S/O.SREEDHARAN OF DO. DO. 3. SREEKALA VALSAN, D/O.SREEDARAN, 405-B, MANI BHAVAN, DAHISAR (N), MUMBAI. 4. K.S.PADMADARSAN, I-20, VALLABH NAGAR, OPP.SHANTI ASHRAM, BORVILY, MUMBAI-400 103. (** DIED. LRs IMPLEADED) 5. K.S.PADMASREE OF - DO-. 6. JALALUDEEN, S/O.ALIKUNJU, CHANGOTTU VEEDU, MUKKOM, MAYYANADU, KOLLAM. (DELETED) 7. MOHAMMED ABDUL KHADDAR, SHAFI MANZIL, MUKKOM, MAYYANADU, KOLLAM. (DELETED) (NAME OF RESPONDENTS 6 AND 7 DELETED FROM THE ARRAY OF PARTIES AT THE RISK OF APPELLANTS VIDE ORDER DTD.6.3.2009 IN I.A.943/2009) ** ADDL. RESPONDENTS 8 TO 10: 8. SANTHA, W/O. PADMADARSAN, CHANGOTTU VEEDU, MAYYANADU, MUKKAM, KOLLAM. 9. ANANTHAN, (MINOR AGED ABOUT 10), S/O. K.S. PADMADARSAN OF DO. DO. 10. THRIPTHI (MINOR AGED ABOUT 8) S/O. K.S. PADMADARSAN OF DO. DO. (9 AND 10 ARE REPRESENTED BY MOTHER AND NEXT FRIEND 8TH RESPONDENT) (** ARE IMPLEADED AS THE LEGAL REPRESENTATAIVES OF DECEASED 4TH RESPONDENT VIDE ORDER DTD. 11.3.09 ON IA.1149/2006) ADV. MR. P. SANTHALINGAM, SENIOR ADVOCATE FOR R2 MR. S.SHARAN FOR R2,ADDL.R7-9 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: FAO.28/06 ORDER ON I.A.400 OF 2006 IN F.A.O.28 OF 2006 DISMISSED. SD/- M. SASIDHARAN NAMBIAR, JUDGE 11.3.2009 OKB - TRUE COPY - P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- F.A.O.No.28 Of 2006 And I.A. No.892 Of 2009 -------------------------------------------------- Dated this the 11th day of March, 2009 J U D G M E N T I.A.892 of 2008 is filed under Rule 3 of Order XXIII of Code of Civil Procedure for recording the compromise. The petition is jointly filed by appellants and respondents 1 to 3, 5 and 8 to 10, the legal heirs of deceased respondent No.4. Respondents 6 and 7, who were exparte before the court below, were already deleted from the party array as per order in I.A.No.943 of 2009. It is stated in the petition that for avoiding disputes in the family and for maintaining peace and harmony, contesting respondents have no objection in restoring the final decree judgment of the trial court in O.S.702 of 1991 on the file of Additional Munsiff Court, Kollam dated 9.8.2001 and the third appellant has no objection in using his private property of 1¾ cents purchased by him as per sale deed No.1977/1985 as an access to the property of respondents 1to 3, 5 and 8 to 10. F.A.O..28/06 & I.A.892/09 2 I.A. 892 of 2009 is allowed. Compromise is recorded. The appeal is disposed in terms of the compromise. The compromise petition will form part of the decree. M. SASIDHARAN NAMBIAR, JUDGE okb