1.O.S. No. 2 of 1950 of the Court of the Subordinate Judge of Tellicherry from which A. S. No. 1152 of 1953 (M) arises was a suit for partition of the plaint B and C Schedule properties into four equal shares

among the three plaintiffs and the 1st defendant and for the recovery of possession of the three shares of the three plaintiffs with future mesne profits and costs. The lower court gave a preliminary decree for partition on the lines indicated in the judgment with future mesne profits at a rate to be decided at the time of the final decree and directed the costs to come out of the estate. From the said decision defendants 1 & 2 appealed to the High Court of Madras, impleading the three plaintiffs and defendants 3 to 7 as the respondents in the appeal.

2. On the 28th September 1956 the appellants filed C.M.P. No. 9037 of 1956 (M) before the High Court of Madras and prayed that the court:

"be pleased to record that the suit O. S. No. 2 of 1950, Sub Court, Tellicherry has been compromised as between the Plaintiffs 1 to 3 and 1st Defendant (Respondents 1 to 3 and 1st appellant in the appeal) and to dismiss the appeal as withdrawn as against the other respondents and in so