IN THE HIGH COURT OF KERALA AT ERNAKULAM
AS.No. 298 of 1996()
1. SAROJINI
... Petitioner
Vs
1. C.K.GEETHA
... Respondent
For Petitioner :SRI.A.P.CHANDRASEKHARAN
For Respondent :SRI.K.P.BALASUBRAMANYAN
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :04/12/2009
O R D E R
HARUN-UL-RASHID, J.
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A.S.No. 298 of 1996
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Dated this the 4th day of December, 2009
JUDGMENT
The 2nd defendant in O.S. No. 329 of 1978 on the file of Sub court
Kozhikode, is the appellant. The suit is for partition. The court below passed
the final decree as follows:
The plaintiff is allotted plot ‘A’ in item No.1 (yellow
shaded portion) in Ext.C1 (a) plan and the plaintiff is also
allotted item No.4 in the decree schedule towards her share.
Defendants 1 and 2 will pay Rs. 12,659.51 as owelty to the
plaintiff. The plan Ext.C1(a) will be appended to the decree.
The plaintiff will be entitled to mesne profit at the rate of
Rs.3,700/- p.a. from the date of suit till the date of surrender of
possession or for three years whichever is earlier.
This appeal arises from the final decree proceedings. When the appeal
is taken up for final hearing it is reported by both sides that the dispute has
been settled and the parties have arrived at a settlement. Accordingly they
have jointly filed I.A. No. 4359/2009 under Order XXIII Rule 3 of the C.P.C,
praying for disposal of the appeal and for passing a decree in terms of
compromise .
The terms of compromise stipulated in I.A. No. 4359/2009 are
recorded. A decree in terms of compromise is passed and the appeal is
disposed of as above. The terms of settlement as stipulated in I.A. No.
4359/2009 shall form part of the decree.
(HARUN-UL-RASHID, JUDGE)
es.
HARUN-UL-RASHID, J.
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A.S.No. 298 of 1996
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JUDGMENT
4th December, 2009