IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA.No. 133 of 2010()
1. C.T.SUSHAMMA, W/O.PURUSHOTHAMAN,
... Petitioner
2. T.K.PURUSHOTHAMAN, DO. DO.
Vs
1. ALEYAMMA, W/O.KURIAKOSE,
... Respondent
2. K.K.MANI, THAYYIL HOUSE, DO. DO.
3. ANNAMMA MATHEW, D/O.KURIAKOSE, DO. DO.
4. LEELAMMA, D/O.KURIAKOSE, DO. DO.
5. K.K.BABY, S/O.KURIAKOSE, DO. DO.
6. SUSAN, D/O.KURIAKOSE, DO. DO.
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent :SRI.M.J.THOMAS
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :31/03/2010
O R D E R
THOMAS P JOSEPH, J.
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R.S.A.No.133 of 2010
and
I.A.No.895 of 2010
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Dated this 31st day of March, 2010
JUDGMENT
The appeal arises from judgment and decree of learned
Additional District Judge, Kottayam in A.S.No.161 of 2008 confirming
judgment and decree of learned Additional Munsiff, Kottayam in
O.S.No.448 of 2004. As per judgment and decree under challenge
respondents are permitted to recover possession of plaint schedule
item No.2 and the building thereon from the appellants on payment
of the sum of Rs.1,32,576/-. It is submitted by counsel on both sides
that the parties have settled dispute outside court and accordingly
filed I.A.No.895 of 2010. As per settlement respondents have
agreed to pay the appellants Rs.1,75,000/- which takes in the sum
of Rs.1,32,576/- ordered by the courts below. Appellants have
unconditionally undertaken to give vacant possession of plaint
schedule item No.2 property and building thereon to the
respondents on or before 30-04-2010. Appellant No.2 has filed an
affidavit in this court undertaking to deliver possession of plaint A
schedule item No.2 and the building thereon to the respondents on
or before 30-04-2010. The compromise is accepted and recorded.
R.S.A.No.133 of 2010 and I.A.No.895 of 2010
: 2 :
Resultantly the second appeal is disposed of in terms of the
compromise and a decree is passed modifying the decree under
challenge and embodying the terms and conditions of the
compromise which shall form part of the decree.
(THOMAS P JOSEPH, JUDGE)
Sbna/-