SA NO. 302 OF 2002 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V.

THURSDAY, THE 3^RD DAY OF MARCH 2022 / 12TH PHALGUNA, 1943 SA NO. 302 OF 2002 AGAINST THE ORDER/JUDGMENT IN AS 261/1996 OF III ADDITIONAL DISTRICT COURT, KOLLAM OS 870/1986 OF ADDITIONAL MUNSIFF COURT, KOLLAM APPELLANT/APPELLANTS/DEFENDANTS

1 M.K.SHAIMA PATTATHANAM EAST WARD, KADAPPAKKADA,, KOLLAM FROM PEEDIKAKANDI PARAMBU,, CATCHERI AMSOM, KUMBAKATTU DESOM,, KOZHIKODE TALUK.

2 GOPALAN ANANDARAJAN, ANANDA BHAVAN PATTATHANAM EAST WARD, KADAPPAKKADA, KOLLAM.

BY ADV SRI.T.KRISHNAN UNNI (SR.)

RESPONDENT/

1 THE OFFICIAL RECEIVER DISTRICT COURT, KOLLAM.

2 ADDL.R2.K.SUBHADRAMMA, AGED 62, W/O.LATE BALAN PILLAI, RESIDING AT 'OMKARAM', KANKATHU NAGAR, KANKATHUMUKKU, THIRUMULLAVARAM P.O., KOLLAM-691 012.

3 ADDL.R3.SHEELA, AGED 48, D/O.BALAN PILLAI, RESIDING AT 'SOUPARNIKA', HOUSE NO.15,PUNNATHADA NAGAR, ANCHUKALLUMMODU, THIRUMULLAVARAM P.O., KOLLAM-691 012.

4 ADDL.R4.SHAM B., AGED 45, S/O.BALAN PILLAI, RESIDING AT 'LAVANYA', M.G.STREET, THAMARAKULAM, KOLLAM-691 001.

5 ADDL.R5.SHIBU B., AGED 43, S/O.BALAN PILLAI, EKAPARNIKA, M.K.R.A.74, THIRUMULLAVARAM P.O., KOLLAM-691 012.

6 ADDL.R6.SHEEJA B., AGED 40, D/O.BALAN PILLAI, RESIDING AT 'OMKARAM', KANKATHU NAGAR, KANKATHUMUKKU, THIRUMULLAVARAM P.O., KOLLAM-691 012.

SA NO. 302 OF 2002 2 ADDL.RESPONDENTS 2 TO 6 ARE IMPLEADED AS PER THE ORDER DATED 30.06.2017 IN IA.2203/2016.

BY ADVS.

SRI.S.V.BALAKRISHNA IYER (SR.)-R2 TO R6 SRI.B.KRISHNA MANI SRI.SAJU J PANICKER-R2 TO R6 OTHER PRESENT:

SRI.MANU PP THIS SECOND APPEAL HAVING COME UP FOR ADMISSION ON

03.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SA NO. 302 OF 2002 3

JUDGMENT

This appeal has been preferred by the appellant in A.S.No.261/1996. A.S.No.261/1996 was preferred against the judgment in O.S.No.870/1986 The suit was one for declaration of right and recovery of possession. That was decreed by a decree and judgment dated 21.12.2001. The said judgment was challenged in the appeal.

2. Now the dispute has been settled between the parties in mediation and a settlement agreement was entered into between the parties on 09.07.2021. The same is accepted.

Therefore, this appeal is disposed of, in terms of the said agreement arrived at between the parties. The settlement agreement shall form part of the decree.

Refund the whole court fee paid as per 69-A of the Court Fees and Suit Valuation Act. Pending interlocutory application(s) if any shall stand disposed of.

Sd/-

SHIRCY V JUDGE smm BEFORE THE HON'BLE HIGH COURT OF KERALA AT L'Ac;Mi .C2o 21 ;r.

of 2002 I PETITIONERS/APPELLANTS

1. M.K. Shaima, Ananda Bhavan Pattathanam East Ward, Kadappakkada, Kollam

2. Gopalan Anandharajan Ananda Bhavan Pattathanem East Ward, Ka,d.appakkedg, Ko,I.Ia,in ondents Additional Res ondents 2 to 6 K. Subhadramma, aged 81 years, W/o. Late Balan Pillai, residing at `Omkaram', Kankathu Nagar Kankathumuk.k[j, Thirumulla`.Jaram P.0., Kollam -691012 Slieela, aged 53 years, D/o. Balan Pillai Residing at `.Souparnika', Hoiise No. 15, Punnathala Nagar, Anchukallummood, Thirumullavaram P.O., Kollam -691012 Addlt[onal respondents ~

Petitioners `:'i;..::..,-.

1) M.K.Shaima 1) K. Subhadramma

2) GopalanAnandarajan 2) Sheela.B

3) Sham.B 4) Shibu.B

5, SheejaB SF Jf2-

3. Sham.B,aged52years,S/o. Balanpillai Residing at `Lavany'a, M.G Street, Thamarakulam, Kollam -691001

4. Shibu.B,aged49years,S/a. Balan pillai `Ekaparnika', MKRA -74, Thirumullavaram P`O., `Kollam -691012

5. Sheeja.B,aged48years,D/a.Balan pillai Residing at `Omkaram', Kankathu Nagar, Kankathumukku, Thirumullavaram P.0., Kollam -691012 COMPROMISE PETITION FILED UNDER ORDER 23. RULE 3 AND SECTION

1510F THE CODEOFCIVILPROCELD}uRE

1. The above Second appeal has beefl filed by the defendants jn the suit, OS 870/1986 befc.re t!t,`e Munsiff's Court; I(o!Iam. The above court was pleased to decr€3e the suit as per judgment dated 06/12/1995. The appellants herein, the defendants in the suit filed AS 261/1996 before the District Court, Kollam. The abo