MURALI ALIAS ANIYAN Vs. CHANDRAMATHI

JUDGEMENT

(1.) Defendants 1, 2 and 5 in O.S. 98 of 2004 are the Appellants. Plaintiff is the first Respondent and Defendants 3 and 4 are Respondents 2 and 3. First Respondent instituted the suit for declaration, partition and fixation of boundary. Suit was decreed in part. Defendants 1, 2 and 5 challenged the judgment before Sub Court, Chengannur in A.S. No. 229 of 2008. Appeal was dismissed. Second appeal is filed challenging the judgment. Appeal was admitted formulating substantial questions of law.

(2.) The Appellants and Respondents subsequently settled the disputes. I.A. 3311 of 2010 is filed under Order XXIII Rule 3 of Code of Civil Procedure to record the compromise. The settlement was arrived at between the Appellants and Respondents 1 and 3. Second Respondent/3rd Defendant was not a party to the petition. Third Respondent along with Appellants filed I.A. 1127 of 2011 to record the compromise under Rule 3 of Order XXIII of Code of Civil Procedure reporting the same settlement. Petitions are signed by all the parties and their counsel.

(3.) In such circumstances, the compromise is recorded as sought for in I.A. 3311 of 2010 and I.A. 1127 of 2011. Appeals are disposed in terms of the compromise. Compromise petitions form part of the decree.