IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA.No. 577 of 2007()
1. GEORGE SAMUEL, S/O.LATE G. SAMUEL,
... Petitioner
Vs
1. INDIAN PENTA COSTAL CHURCH OF GOD,
... Respondent
For Petitioner :SRI.K.HARILAL
For Respondent :SRI.P.R.VENKETESH
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :08/01/2010
O R D E R
THOMAS P. JOSEPH, J.
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R.S.A.Nos.1061 of 2006
&
577 of 2007
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Dated this the 8th day of January, 2010.
JUDGMENT
These appeals concern judgment and decree in O.S.No.204 of 1996 of
the court of learned Munsiff, Mavelikkara. That is a suit for declaration of title
and injunction filed by the plaintiff. After the death of defendant Nos.1 and 2
their legal representative, defendant No.3 filed a counter claim. Trial court
granted decree in favour of the plaintiff and dismissed the counter claim. The
decree in the suit and the dismissal of the counter claim were challenged in
A.S.No.160 of 2004. First appellate court allowed the appeal in part. Plaintiff
has come up in R.S.A.No.1061 of 2006 while R.S.A.No.577 of 2007 is filed by
defendant No.3.
2. Parties have settled their dispute outside the court and filed
compromise vide I.A.No.3049 of 2009 in R.S.A.No.577 of 2007.
3. I have heard counsel on both sides. It is requested by counsel on
both sides that these appeals may be disposed of in terms of the compromise.
RSA Nos.1061/2006 & 577/2007
2
Accordingly, the compromise is accepted and recorded. These appeals
are disposed of in terms of the compromise (vide I.A.No.3049 of 2009 in
R.S.A.No.577 of 2007). The compromise shall form part of the decree of this
Court. Parties will be entitled to refund of court fee as provided under the
relevant law.
I.A.No.1926 of 2008 in R.S.A.No.1061 of 2006 and I.A.No.1200 of 2007
in R.S.A.No.577 of 2007 will stand dismissed.
THOMAS P.JOSEPH,
Judge.
cks