IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 RFA.No. 438 of 2009() --------------------- OS.320/08 OF ADDL. SUB COURT, IRINJALAKUDA APPELLANT/DEFENDANT --------------------------------------- ROY, AGED 38 YEARS, S/O.PUNNELI ANTHONY @ ANTONY, THAZHEKAD VILLAGE, DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.A.X.VARGHESE RESPONDENT(S): PLAINTIFF ------------------------ JOY, AGED 53 YEARS, S/O.MENACHERI DOMINI VENNUR DESOM, ALATHUR VILLAGE, MUKUNDAPURAM TALUK. ADV. SRI.K.S.BHARATHAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ RFA. No. 438 of 2009 ------------------------------------------- Dated this the 17th day of March, 2010 J U D G M E N T Pius C. Kuriakose, J. A joint compromise petition signed by both parties and duly attested by their respective counsel is filed. On the terms of the compromise, the appellant “agreed to pay Rs.5,00,000/- fully and finally to settle the matter and the respondent agreed to settle the subject matter by receiving the amount of Rs.5,00,000/- and he also agreed to take necessary steps for releasing the attachment over the plaint schedule property in OS. No. 320 of 2008”. The counsel are not able to enlighten us as to whether the payment is already made. Under this circumstance, we are of the view that the compromise which is now filed before this Court can be recorded and the appeal can be disposed of by passing an order of remand to the court below. We therefore set aside the judgment and decree under appeal and remand RFA. 438/09 - 2 - OS. No. 320 of 2008 to the Additional Sub Court, Irinjalakuda. The parties, if so advised, shall file fresh compromise before the court below. If the court below is informed by the parties that pursuant to the compromise recorded by us, payment of Rs.5 lakhs is already made, the learned Sub Judge will record that fact and dispose of the suit as compromised. The parties will appear before the Subordinate Judge's Court, Irinjalakuda on 31-3-2010. Refund the full court fee remitted on the appeal memo to Sri. A.X. Varghese, counsel for the appellant. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-