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
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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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