IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 RFA.No. 34 of 2007() -------------------- (AGAINST THE JUDGMENT IN O.S.NO.37/1997 ON THE FILE OF THE SUB COURT, THRISSUR. APPELLANTS/DEFENDANTS 1 TO 7: ------------------------------------------------- 1. PATHUNNI UMMA, AGED ABOUT 65, W/O. NARANATH MUHAMMED, PENGAMUKKU DESOM, KATTAKAMBAL VILLAGE, THALAPPILLY TALUK. 2. SUBAIDA, AGED ABOUT 48 YEARS, D/O. NARANATH MUHAMMED, PENGAMUKKU DESOM, KATTAKAMBAL VILLAGE, THALAPPILLY TALUK, REP. BY POWER HOLDER 3RD APPELLANT KUNJUMON. 3. KUNJUMON, AGED ABOUT 55 YEARS, PENGAMUKKU DESOM, KATTAKAMBAL VILLAGE, THALAPPILLY TALUK. 4. JAMEELA, AGED ABOUT 41 YEARS, PENGAMUKKU DESOM, KATTAKAMBAL VILLAGE, THALAPPILLY TALUK. 5. SULAIKHA, AGED ABOUT 37 YEARS, PENGAMUKKU DESOM, KATTAKAMBAL VILLAGE, THALAPPILLY TALUK. 6. SHAHUL HAMEED, AGED ABOUT 35 YEARS, PENGAMUKKU DESOM, KATTAKAMBAL VILLAGE, THALAPPILLY TALUK, REP. BY POWER HOLDER, 3RD APPELLANT, KUNJUMON. 7. LATHEEF, AGED ABOUT 33 YEARS, PENGAMUKKU DESOM, KATTAKAMBAL VILLAGE, THALAPPILLY TALUK, REP. BY POWER HOLDER, 3RD APPELLANT KUNJUMON. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): PLAINTIFF: ------------------------- MOHANAKRISHNAN, AGED ABOUT 26 YEARS, S/O. MELEPURATH LAKSHMIKUTTY AMMA, NARIPARAMBU DESOM, POTHANNOOR AMSOM, PONNANI TALUK. ADV. SRI.K.RAMACHANDRAN FOR R1 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- R.F.A. No.34 of 2007 ---------------------------------------------- Dated 14th November, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the defendants 1 to 7 in O.S.37/1997 on the file of the Sub Court, Thrissur. The suit is for return of advance amount. During the pendency of the appeal, it is heartening to note that the parties have decided to settle the dispute outside the court. The terms of settlement are incorporated in the compromise petition, I.A.4854/2008. Those terms are recorded. The appeal is disposed of as settled between the parties. The said interlocutory application will form part of the decree. In view of the disposal of the appeal as compromised between the parties, the appellants shall be entitled to refund of one half of the court fee. 2. In view of the settlement as above, the order of attachment in I.A.397/97 in O.S.37/97 on the file of the Principal Sub Court, Thrissur is lifted. The trial court will communicate this order to the Village Office, Kattakambal and Sub Registrar Office, RFA NO.34/07 2 Akkikavu (Perumbilavu). The Sub Court, Thrissur will also return the original title deeds to the appellants. I.A.No.245/07 : Dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- R.F.A. No.34 of 2007 ---------------------------------------------- J U D G M E N T Dated 14th November, 2008.