IN THE HIGH COURT OF KERALA AT ERNAKULAM
AS.No. 147 of 1998()
1. RAMAKRISHNAN
... Petitioner
Vs
1. GOPALAKRISHNAN
... Respondent
For Petitioner :SRI.R.RAJASEKHARAN PILLAI
For Respondent :SRI.T.H.ABDUL AZEEZ
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :07/04/2010
O R D E R
M.N. KRISHNAN, J.
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A.S. NO. 147 OF 1998
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Dated this the 7th day of April, 2010
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J U D G M E N T
This is an appeal preferred against the judgment and
decree of the Additional Subordinate Judge, Cochin in OS
No.406/1995. The suit was filed for specific performance of
contract and the trial Court granted a decree for specific
performance on depositing the balance consideration. It is
against that decision, the 2nd defendant has come up in
appeal. The 2nd defendant, who is the appellant died during
the pendency of the appeal and has legal representatives
had been impleaded as supplemental appellants 2 to 6. The
1st defendant and the plaintiff are the respondents in the
appeal.
Now the parties have compromised the matter by
virtue of the order in I.A.No.1333 of 2010 which is recorded.
As per the terms of the compromise, the plaintiff has
received a consideration of Rs.2,75,000/- and has agreed to
A.S. NO. 147 OF 1998
2
set aside the decree for specific performance or in other
words, agreed for dismissal of the suit. Therefore, appeal is
allowed and the judgment and decree passed by the trial
Court is set aside and the suit is dismissed. The
compromise shall form part of the decree.
M.N. KRISHNAN, JUDGE
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