IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 RFA.No. 536 of 2006() --------------------- (AGAINST THE JUDGMENT IN OS.NO.264/1995 DATED 19.11.2005) & A.S.NO.247/2006 BEFORE THE III DISTRICT COURT, ERNAKULAM) APPELLANT/7TH DEFENDANT: ------------- C.K. JEEVANDAS, S/O. CHAKKUMKAL KUNJAN, AGED ABOUT 70, ADVOCATE, RESIDING AT XL/7856-A, 1ST FLOOR, M.G.ROAD, KOCHI-35. BY ADV. SRI.S.RAMESH BABU RESPONDENTS: PLAINTIFF/DEFENDANTS 1 TO 6: ---------------- 1. ARUN, S/O. ASHADEVI, AGED 30, SOUTH PULLAYIL HOUSE, CHITTOOR ROAD, KOCHI-35, KARITHALA DESOM, ERNAKULAM VILLAGE, KANAYANNUR TALUK. * 2. INDIRA AMMA, D/O.THANKAMMA AND W/O. AMBADI MADHAVA MENON, AGED 69,NOW RESIDING AT CC.34/681, KUNNATH HOUSE, MAMANGALAM, PALARIVATTOM P.O., KOCHI-25. * 3. ASHA DEVI, D/O. INDIRA AMMA, AGED 50, SOUTH PULLAYIL HOUSE, CHITTOOR ROAD, KOCHI-35. * 4. MADHUSUDHANAN, S/O. INDIRA AMMA, AGED 48, NOW RESIDING AT C.C.34/681,KUNNATH HOUSE, MAMANGALAM, PALARIVATTOM P.O., KOCHI-25. RFA.536/2006 : 2 : * 5. RADHIKA, D/O. INDIRA AMMA AND W/O. VENUGOPAL, AGED 46, NOW RESIDING AT C.C.32/2032A, NENU MANDIRAM, P.J.ANTONY ROAD, PALARIVATTOM, KOCHI-25. * 6. SARASI, D/O. INDIRA AMMA AND W/O. RAJAN, AGED 43, RESIDING AT ANATH HOUSE, 32/2229 A, P.J.ANTONY ROAD, PALARIVATTOM,KOCHI-25. * 7. RAJAN, S/O.GOPALAKRISHNA MENON, AGED ABOUT 48, RESIDING AT ANATH HOUSE,32/2229 A, P.J.ANTONY ROAD, PALARIVATTOM, KOCHI-25. (RESPONDENTS 2 TO 7 ARE DELETED FROM THE PARTY ARRAY AS PER THE ORDER OF THIS COURT IN I.A.NO.1451/2008, DATED 4.4.2008) BY ADV. SRI.P.N.RAMAKRISHNAN NAIR THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- R.F.A.No.536 of 2006 ------------------------------- Dated this the 4th April, 2008. J U D G M E N T It is submitted by the counsel for the appellant as well as the counsel for the first respondent that the matter has been settled out of court between the appellant and the first respondent. It is also submitted that the parties have filed I.A.No.1452/2008 to record the compromise, which is recorded. In view of the terms of compromise, the first respondent is relinguishing all his claims in respect of plaint A and B schedule properties. It is also admitted that the appellant has purchased right of other respondents as per the Sale Deed No.1250/1998. So, the appeal is to be allowed and the decree passed by the court below is set aside. In the result, the appeal is allowed. In view of the terms of the compromise, the decree passed by the trial court is hereby set aside. The terms of compromise will form part of the appellate decree. One-half of the court fee paid will be refunded to the appellant. K.PADMANABHAN NAIR, JUDGE nj.