IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 RSA.No. 754 of 2003() --------------------- AS.24/1999 of DISTRICT COURT, THRISSUR OS.1532/1992 of .SUB COURT, THRISSUR .................... APPELLANT/APPELLANT/2ND DEFENDANT: ------------------------------------------------------ C.T.RAJAN, BUSINESS, S/O. CHERUVATHUR THAVU, THAVOOS THEATRE, KUNNAMKULAM, THALAPPILLY TALUK. BY ADV. SRI.T.K.MARTHANDAN UNNITHAN SRI.V.JAYAKUMAR SRI.K.P.UNNIKRISHNAN RESPONDENTS/RESPONDENTS/PLAINTIFFS AND 1ST DEFENDANT: -------------------------------------------------------- 1. C.T.VARGHESE, BUSINESS, S/O. CHERUVATHUR THAVU, CHERUVATHUR HOUSE, PATTAMBI ROAD, KUNNAMKULAM, KUNNAMKULAM VILLAGE, THALAPPILLY TALUK. 2. C.T.MATHEW, S/O. CHERUVATHOOR THAVU, PATTAMBI ROAD, KUNNAMKULAM. 3. BABU, BUSINESS, S/O. CHERUVATHUR THAVU, -DO- -DO-. ADV. SRI.JIJO PAUL FOR R1 AND R2 A K CHINNAN and SMT.SUSAL A. CHINNAN FOR R1,R2 SRI.S.K.BALACHANDRAN FOR R3 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- R.S.A.No.754 of 2003 --------------------------------------- Dated this 16th day of November, 2009 JUDGMENT Second appeal arises from judgment and decree of learned District Judge, Thrissur in A.S.No.24 of 1999 confirming dissolution of a partnership ordered by learned Sub Judge, Thrissur as per judgment and decree in O.S.No.1532 of 1992. The parties have settled the dispute outside the Court and have filed I.A.No.2652 of 2009 praying that a modified decree may be passed in terms of the compromise. The compromise stated in I.A.No.2652 of 2009 is recorded. Accordingly this second appeal is disposed of and modified decree is passed in terms of the compromise. It is directed that the receiver will stand discharged and possession of the partnership property shall be given to the appellant (defendant No.2 in the suit) and respondent No.2/plaintiff No.2 herein who will be in joint ownership and possession with half right each in the property. The partnership will stand dissolved as ordered by learned Sub Judge as per judgment and preliminary decree dated 21-08- 1998. It is also directed that attachment over the compensation money in LAC No.72 of 2005 of Special Tahasildar, Thrissur, LA (General) belonging to respondent No.3/defendant No.1 will stand raised. The compromise (I.A.No.2652 of 2009) shall form part of the decree of this Court. THOMAS P JOSEPH, JUDGE Sbna/