IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 AS.No. 578 of 1999() -------------------- OS.776/1994 of I ADDL.SUB COURT, THRISSUR .................... APPELLANT(S): 1ST DEFENDANT: --------------------------------------------------- THOMAS, S/O. MOLIKAL KALLUKALAYIL MATHAI, AALPRA DESOM, PANANCHERY VILLAGE, THRISSUR. BY ADV. MR.N.P.SAMUEL RESPONDENT(S): PLAINTIFFS AND DEFENDANTS 2 AND 3: --------------------------------------------------------------------------------------- 1. THOMAS, S/O. KARAKKAL ANTHRAYOS, PEECHI VILLAGE AND DESOM, THRISSUR TALUK, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, HIS BROTHER, DOMINIC, S/O. KARAKKAL ANTHRAYOS, PEECHI VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. 2. DOMENIC, S/O.KARAKKAL ANTHRAYOS, PEECHI VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. 3. SUNNY GEORGE, S/O. KALIKKAL ITTIAKKAL GEORGE, MAZHUKIL DESOM, THIRUVANVANNUR VILLAGE, CHENGANNUR TALUK. Kss ..2/- .....2..... A.S.NO.578/1999 4. KURIAN, S/O.THENGUKALAYIL CHACKO, VILANGANNUR DESOM, PANANCHERRY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. R1 & R2 BY SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T The matter was included in the disposal list on 15/3/10 and adjourned to 17/3, 18/3, 19/3, 22/3, 23/3/ and 24/3. Today also there is no representation for the appellant. The appeal stands dismissed for default. 25/03/2010 Sd/- Harun-Ul-Rashid, Judge Order on CMP.No.407/2000 in A.S.No.578/1999 Dismissed 25/03/2010 Sd/- Harun-Ul-Rashid, Judge /True Copy/ P.A.to Judge kss M.N. KRISHNAN, J. ........................................... A.S.NO.578 OF 1999 ............................................. Dated this the 21st day of May, 2010. J U D G M E N T This appeal has been compromised between the plaintiffs and defendants 1 and 2. As per the terms of the compromise, the parties agreed that the decree passed by the trial court declaring that the plaintiffs are in possession of 3/325/1000 cents and their right over the same can be confirmed. It is further agreed that the decree for payment of Rs.20,000/= as compensation be set aside. It is also submitted that the amount deposited by the first defendant before the trial court be released to him. In the light of the above, the compromise is recorded and the appeal is disposed of as follows: i. The finding of the trial court that the plaintiffs are entitled to a declaration that they are in possession 3/325/1000 cents as per Document No.4936/1985 of of S.R.O, Olllukkara is confirmed and further held that they alone have right and title over the same. : 2 : A.S.NO.578 OF 1999 ii. The finding of the trial court directing defendants 1 and 2 to pay a sum of Rs.20,000/= by way of compensation is set aside. iii. The first defendant is entitled to get release the fixed deposit receipt produced by him in his favour. Parties are directed to bear their respective costs. Refund of the half court fee is allowed. Compromise shall form part of the decree. M.N. KRISHNAN, JUDGE. cl : 3 : A.S.NO.578 OF 1999 M.N. KRISHNAN, J. .................................... A.S.NO.578 OF 1999 ....................................... 21st day of May, 2010. J U D G M E N T