K.M.Joy vs James
2021 Latest Caselaw 18130 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                        RSA NO. 1035 OF 2019
   AGAINST THE JUDGMENT AND DECREE IN AS 59/2015 DATED
 22.03.2019 OF SUB COURT, PALA ARISING FROM THE JUDGMENT
  AND DECREE IN O.S.NO.58/2014 DATED 13.03.2015 OF THE
                         MUNSIFF COURT PALA
APPELLANT/APPELLANT/DEFENDANT:

            K.M.JOY,
            AGED 56 YEARS
            S/O MANI, KUZHIPLACKIYIL HOUSE, UZHAVOOR KARA,
            UZHAVOOR VILLAGE, MEENACHIL TALUK.

            BY ADV P.C.HARIDAS



RESPONDENT/RESPONDENT/PLAINTIFF:

            JAMES,
            AGED 59 YEARS
            S/O MANI, KUZHIPLACKIYIL HOUSE, UZHAVOOR KARA,
            UZHAVOOR VILLAGE, MEENACHIL TALUK.

            BY ADV JOSEPH T.JOHN




     THIS     REGULAR    SECOND   APPEAL   HAVING    COME    UP    FOR
ADMISSION    ON   03.09.2021,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 RSA No. 1035 of 2019

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                    N. ANIL KUMAR, J.
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                  R.S.A.No.1035 of 2019
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       Dated this the 3rd day of September, 2021

                            JUDGMENT

This Regular Second Appeal is directed against the

judgment and decree dated 22.03.2019 in A.S.No.59/2015

of the Sub Court, Pala arising from the judgment and

decree dated 13.03.2015 in O.S.No.58/2014 of the

Munsiff Court, Pala.

2. The suit was filed by the plaintiff for setting

aside a portion of sale deed and also for declaration. The

defendant is the appellant. The respondent is none other

than the brother of the appellant.

3. By intervention of the office bearers of the

Uzhavoor merchant association, both the appellant and RSA No. 1035 of 2019

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respondent settled all the disputes and differences

between them including the disputes involved in this

appeal by virtue of Annexure A agreement dated

06.08.2021. Pursuant to Annexure A, both the appellant

and the respondent arrived at a compromise dated

17.08.2021 by virtue of Annexure B detailing the terms

and conditions in respect of the subject matter of the

appeal.

4. The appellant and respondent submitted

Annexure B compromise before this Court inter alia

stating that the compromise was rendered freely,

voluntarily and without any undue influence from anyone

else. Going by the compromise and the terms thereof, it

is clear that the aforesaid settlement is arrived at for

maintaining harmony between the brothers. On a perusal

of the compromise, this Court is satisfied that the terms

of the compromise are legal. In view of the above RSA No. 1035 of 2019

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circumstances, I.A.No.1/2021 filed by the appellant to

record the compromise is allowed.

Resultantly, this appeal is disposed in terms of

Annexure B compromise. The terms of Annexure B

compromise will form part of the decree. There will be no

order as to costs.

Pending applications, if any, stand closed.

Sd/-

N. ANIL KUMAR, JUDGE

kkj RSA No. 1035 of 2019

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