IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 RSA.No. 35 of 2006() -------------------- AS.167/2003 of IST ADDL.DISTRICT COURT, KOZHIKODE OS.72/1999 of II ADDL.SUB COURT, KOZHIKODE .................... APPELLANT/APPELLANT/3RD DEFENDANT: ----------------- MUHAMMED, S/O.MANHARODAN AVARANKUTTY, RESIDING AT FEROKE AMSOM AND NALLUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.V.V.SURENDRAN SRI.P.M.PADMANABHAN RESPONDENTS/RESPONDENTS/ PLAINTIFF AND DEFENDANTS 1, 2 & 4 to 8 --------------------- 1. ABDUL SALEEM, S/O.MANHARODAN MUHAMMED, RESIDING AT FEROKE AMSOM NALLUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. 2. ABDUL SALAM, S/O.MANHARODAN AVARANKUTTY, RESIDING AT RAMANATTUKARA AMSOM DESOM, KOZHIKODE TALUK AND DISTRICT. 3. ITHIYA, W/O.ABDUL SALAM, RESIDING AT RAMANATTUKARA AMSOM DESOM, KOZHIKODE TALUK AND DISTRICT. 4. ABDUL RAZAK, S/O.MOHAMMED, RESIDING AT FEROKE AMSOM NALLUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. 5. ABDUL RASHEED, S/O.MOHAMMED, RESIDING AT FEROKE AMSOM NALLUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. 6. BUSHARA, D/O.MOHAMMED, RESIDING AT FEROKE AMSOM NALLUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. R.S.A.NO.35/2006 7. KOLLARKANDI PATHAYI, W/O.LATE MOHAMMED, D/O.SAIDU, RESIDING AT FEROKE AMSOM, NALLUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. ADV. SMT.SANIKA.V.S. FOR R2,3 SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE FOR R1 SRI.K.JAYAKUMAR FOR R1 SRI.P.B.KRISHNAN FOR R1 SRI.C.P.MOHAMMED NIAS FOR R4 & R7 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 11/6/2009, ALONG WITH RSA NO. 44 OF 2006 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.S.A.NO.35/2006 ORDER ON I.A.NO.137/2006 IN R.S.A.NO.35/2006 --------------------- DISMISSED 11/;6/2009 Sd/- HARUN-UL-RASHID, JUDG. HARUN-UL-RASHID,J. --------------------------- R.S.A.NO.35 OF 2006 & I.A.NO.1040 OF 2009 & R.S.A.NO.44 OF 2006 & I.A.NO.1039 OF 2009 --------------------------- DATED THIS THE 11TH DAY OF JUNE, 2009 JUDGMENT The above second appeals have been filed against the common judgment and decree passed in A.S.Nos.167/2003 & 168/2004 on the file of the Ist Additional District Court, Kozhikode, which arise from the judgment and decree in O.S.No.72/99 on the file of the 2nd Additional Sub Court, Kozhikode. The sub court decreed the suit for partition allotting shares to the plaintiff and defendants. Defendants 1 and 2 filed A.S.No.168/2004 and the 3rd defendant filed A.S.No.167/2003 challenging the judgment and decree passed by the sub court. Both the appeals were dismissed by the Ist Additional District Court, Kozhikode by a common judgment dated 17/10/2005. The above second appeals are filed by the appellants in the appeals -2- R.S.A.No.35 & I.A.No.1040/09 & R.S.A.No. 44/2006 & I.A.No.1039/09 filed before the Lower Appellate Court. 2. Pending consideration of these appeals, the parties to the suit settled the disputes out of court. Accordingly they filed compromise petitions, I.A.No.1040/2009 & I.A.Nos.1039/2009 under Order XXIII and Rule 3 of the Code of Civil Procedure. The terms of settlement are recited in the said compromise petitions. The terms of settlement in the above said I.As. are hereby recorded and shall form part of the decree. Appeals are disposed of in terms of compromise. No order as to costs. HARUN-UL-RASHID, Judge. kcv.