IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 RSA.No. 897 of 2010() -------------------------------- AS.NO. 229/2008 of SUB COURT, CHENGANNUR OS.NO. 98/2004 of MUNSIFF'S COURT,CHENGANNUR .................... APPELLANTS/DEFENDANTS 1,2 & 5: -------------------------------------------------- 1. MURALI ALIAS ANIYAN, S/O.SUKUMARAN, THONDIYATHU VEETTIL, MULAKKUZHA MURI, MULAKKUZHA VILLGE, CHENGANNUR TALUK. 2. MALATHI, W/O.SUKUMARAN OF DO. 3. LEELA D/O.SUKUMARAN, KATTUVEETTIL, KUMMANNOOR P.O., KONNI VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.N.ASHOK KUMAR RESPONDENT(S): PLAINTIFF & DEFENDANTS 3 AND 4: -------------------------------------------------------------------------------- 1. CHANDRAMATHI, D/O.MALATHI, PUTHUPARAMBIL VEETTIL, KOOTTICKAL KARA, KOOTTIKAL VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. 2. NANDANAN, S/O.SUKUMARAN, THONDIYATHU VEETTIL, MULAKKUZHA MURI, MULAKKUZHA VILLAGE, CHENGANNUR TALUK, PIN-689 815. 3. REGHUNATHAN, S/O.SUKUMARAN, THONDIYATHU VEETTIL, MULAKKUZHA MURI, MULAKKUZHA VILLAGE, CHENGANNUR TALUK, PIN-689 815. R1 BY ADV. SRI.IYPE JOSEPH R2 & R3 BY ADV. SRI.S.JAYAKRISHNAN THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR, J ........................................... RSA No.897 OF 2010 ............................................ DATED THIS THE 30th DAY OF MAY, 2011 JUDGMENT Defendants 1, 2 and 5 in O.S.98 of 2004 are the appellants. Plaintiff is the first respondent and defendants 3 and 4 are respondents 2 and 3. First respondent instituted the suit for declaration, partition and fixation of boundary. Suit was decreed in part. Defendants 1, 2 and 5 challenged the judgment before Sub Court, Chengannur in A.S.No.229 of 2008. Appeal was dismissed. Second appeal is filed challenging the judgment. Appeal was admitted formulating substantial questions of law. 2. The appellants and respondents subsequently settled the disputes. I.A.3311 of 2010 is filed under Order XXIII Rule 3 of Code of Civil Procedure to record the compromise. The settlement was arrived at between the appellants and respondents 1 and 3. Second respondent/3rd defendant was not a party to the petition. Third respondent along with appellants filed I.A.1127 of 2011 to record the compromise under Rule 3 of Order XXIII of Code of Civil Procedure reporting the same settlement. Petitions are RSA 897/2010 2 signed by all the parties and their counsel. 3. In such circumstances, the compromise is recorded as sought for in I.A.3311 of 2010 and I.A.1127 of 2011. Appeals are disposed in terms of the compromise. Compromise petitions form part of the decree. M.SASIDHARAN NAMBIAR, JUDGE lgk