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Sister D.Sobha vs Thomas on 2 July, 2009

Kerala High Court
Sister D.Sobha vs Thomas on 2 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS.No. 794 of 1997(E)



1. SISTER D.SOBHA
                      ...  Petitioner

                        Vs

1. THOMAS
                       ...       Respondent

                For Petitioner  :SRI.J.JULIAN XAVIER

                For Respondent  :SRI.GEORGE VARGHESE KIZHAKKAMBALAM

The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :02/07/2009

 O R D E R
                 M.L. JOSEPH FRANCIS, J.
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                      A.S.No. 794 of 1997
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            Dated this the 2nd day of July, 2009

                            JUDGMENT

Joseph Francis, J.

This appeal is filed by the second defendant in O.S.No. 153

of 1994 on the file of the Principal Sub Court, N.Parur. The

first respondent is the plaintiff and respondents 2 to 4 are the

other defendants in that suit, which was filed to set aside the

documents.

2. As per judgment and decree dt. 8.7.1996, Document

No.1788 of 1992 dt. 3.7.1992 is set aside. Document No. 1361

of 1992 dt. 2.5.1991 is set aside with respect to the plaint

schedule property. The plaintiff is also allowed to recover

possession of the plaint schedule property from defendants 1 to

3. He was also entitled to get cost of the suit from defendants 1

to 3. The 4th defendant is not liable for the cost. Against that

judgment and decree, the second defendant filed this appeal.

A.S.No. 794 of 1997

2

3. During the pendency of this appeal, respondents 2 to 4 are

removed from the party array as per order in I.A.No. 1901 of 2009.

The appellant and the first respondent/plaintiff filed a compromise

petition as I.A.No. 2033 of 2009. The compromise is recorded.

4. Hence this appeal is allowed. The judgment and decree in

O.S.No. 153 of 1994 on the file of the Principal Sub Court, N.Parur is

set aside and that suit is decreed as per the compromise. The

compromise will form part of the decree. The parties are directed to

suffer their respective cost in the appeal and in the suit.

(M.L. JOSEPH FRANCIS)
Judge

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