IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 SA.No. 111 of 2003(E) --------------------------- A.S. 3/1994 OF II ADDL DISTRICT JUDGE, THIRUVANANTHAPURAM O.S.211/1989 OF II ADDL. MUNSIFF COURT THIRUVANANTHAPURAM APPELLANT(S): RESPONDENTS/PLAINTIFFS ------------------------------------------------------------- 1. KUTTAN, S/O.SANKARAN, HINDU, AGED ABOUT 71, RESIDING AT T.C.4/1596/2, PANDIT'S COLONY, KAUDIAR MADATHUVILAKOM VILLAGE, THIRUVANANTHAPURAM. 2. C.NALINI, W/O.KUTTAN, HINDU LADY, AGED ABOUT 62, RESIDING AT TC 4/1596/1 KAUDIAR MADATHUVILAKOM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.JOSE PALLATTUKARAN RESPONDENT(S): APPELLANT/DEFENDANT ------------------------------------------------------------- K.APPUKUTTAN NAIR, S/O.MADHAVAN PILLAI, HINDU, AGED 78 YEARS, RESIDING AT MADHAVI MANDIRAM, OPPOSITE ESI HOSPITAL, PEROORKADA. THIRUVANANTHAPURAM - 5. ADV. SRI.L.MOHANAN FOR R THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sou. K. HEMA, J ---------------------- S.A.No.111 OF 2003 ----------------------------------- Dated 26th August, 2011 J U D G M E N T Appellants filed suit for injunction before the Munsiff Court to restrain the defendant and his men from trespassing into western side of plaint schedule property, dispossessing any portion of the property or interfering with the lawful possession and enjoyment of plaint schedule property. The matter was contested, evidence was adduced and Munsiff Court passed a decree in favour of plaintiff. A permanent injunction was granted against trespass, dispossession etc. in respect of the plaint schedule property. 2. In appeal, the Additional District Court, the decree and judgment passed by Munsiff Court were set aside, by placing reliance upon additional evidence. Challenging the decree and judgment in the first appeal, second appeal is filed. 3. At the time of hearing , it is submitted that a petition is filed under Order 22 Rule 3 appending the plan as Annexure-I, since the parties settled the dispute, out of court. Hence, the S.A. No.111/03 2 compromise is recorded and a decree is passed in terms of compromise. The plan produced along with compromise petition is marked as Ext.C2. This appeal is disposed in accordance with the compromise. The compromise and Ext.C2 will form part of the decree. K. HEMA, JUDGE. Sou.