IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 MFA.No. 181 of 2007() ------------------------------- OS.171/2004 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S):PALINTIFF ------------------------------------------ SUJATA UCHIL, AGED 39 YEARS, D/O.A.K.UCHIL, NOW RESIDING AT T.C.2/1362, OPPOSITE VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM FROM "RAJANI", PANANVILA, 11/0303, THIRUVANANTHAPURAM. BY ADV. SMT.K.KUSUMAM RESPONDENT(S): /DEFENDANTS ------------------------------------------------ 1. MRS.SHIRLEY RAJAN, AGED 49 YEARS, NOW RESIDING AT "RAJANI", PANANVILA, 11/0303, THIRUVANANTHAPURAM FROM VRA 137, MANNAMOOLA, PEROORKADA, THIRUVANANTHAPURAM, NOW RESIDING AT VRA 137, MANNAMOOLA, PEROORKADA, THIRUVANANTHAPURAM. 2. RINO RAJ, AGED 28 YEARS,S/O.K.G.RAJAN, RESIDING AT -DO- -DO- WORKING AS DIRECTOR IN TATA ADMINISTRATIVE SERVICE. 3. SHERLY RAJ, AGED 26 YEARS, D/O.K.G.RAJAN, NOW RESIDING AT -DO- -DO- FROM VRA 137, MANNAMOOLA, PEROORKADA, THIRUVANANTHAPURAM, NOW WORKING AS A DOCTOR IN U.K. R1 BY ADVS.SRI.K.J.SAJI ISAAC, DR.ELIZABETH VARKEY. R1 TO R3 BY ADV. SRI.SHAJI P.CHALY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09/03/2011, ALONG WITH MFA NO. 4 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ M.F.A. NOS:181/2007 & 4 OF 2008 ----------------------------------------------------------- Dated this the 9th March, 2011. JUDGMENT Basant, J. M.F.A.181/2007 is directed against decree passed in a suit for declaration of title, permanent injunction and other consequential reliefs filed by the appellant-plaintiff. By the impugned judgment the said suit was dismissed. 2. M.F.A.4/2008 is directed against the order in O.P(Suc) 55/2004 filed by the appellant-petitioner claiming issue of a succession certificate in her favour. That petition was dismissed. The O.P and the O.S were disposed of by the common judgment impugned in these appeals. 3. When these matters were pending before this Court the parties were referred for mediation. In the presence of the Mediator Ms. Prabha R. Menon parties have settled their disputes. Compromise petition has been filed. The joint compromise petition filed separately in these two appeals are signed by the parties concerned and duly countersigned by their respective counsel. The counsel submits that the joint M.F.A.Nos: 181/2007 & 4/2008 2 compromise statement can now be accepted, these appeals can be allowed, the impugned common judgment/order can be set aside and the suit and the O.P can be allowed in terms of the compromise petition. 4. We accept the joint request made by all parties and their counsel. These appeals are in these circumstances allowed in part. The joint compromise petition dated 10-1-2011 shall be appended to the decrees. Half court fee in both appeals shall be refunded to the appellant. Appellate Decree and Succession Certificate shall be issued in terms of the Joint Compromise Statement. R.BASANT Judge K. SURENDRA MOHAN Judge jj M.F.A.Nos: 181/2007 & 4/2008 3