Mrs. Molly Joseph vs Thressia

A.K. Basheer, J.—These two appeals are directed against the decree and judgment in O.S. No. 4/1994. The appellants are respectively defendant Nos. 1, 2 and 4 in the above suit.

The bone of contention in the suit primarily revolved around the genuineness and validity of Ext.A6 Will. The court below held that Ext.A6 Will is the last Will of the testator and accordingly granted Letters of Administration in favour of respondent No. 1. Respondent No. 19 in these appeals is the sole legal representative of deceased respondent No. 1.

When the appeals came up for hearing on an earlier occasion, we heard learned Counsel for the parties and we were prima facie satisfied that the finding entered by the court below as regards the validity of Ext.A6 Will does not call for any interference. However we requested learned Counsel on either side to try for a compromise and suggested that the parties do appear before us.

It is quite heartening to note that the parties who have been at loggerheads for more than 1 = decades readily agreed before us that they would try to put an end to this sordid fiasco at the earliest.

The parties have now filed a compromise petition incorporating the terms of compromise.

Before referring to the terms incorporated in the compromise petition, we deem it necessary to refer to one aspect. Ext.A6 Will contained three items of immovable properties apart from certain movables. It is on record that respondent No. 19 is now residing in item No. 3. Item No. 2 had already been sold away some time back. Item No. 1 is a small item of property having a total extent of 6.5 cents.

Learned Counsel for the appellants submitted before us that the appellants are prepared to give up their claim over item Nos. 2 and 3 apart from the movables, in toto. As regards item No. 1 parties have agreed that respondent No. 1 will retain two cents in the said item and two cents each will be allotted to the appellants in the two appeals with a common pathway having an extent of about half a cent. A rough sketch in respect of the said item demarcating the pathway and the different plots is also appended to the compromise petition. Compromise petition and the rough sketch shall form part of the decree.

Since the parties have now come to a compromise as regards the long pending dispute, it necessarily follows that the decree passed by the court below has to be necessarily modified in terms of the compromise entered into between the parties. Therefore the decree shall stand modified in terms of the compromise.

Appeals are disposed of in the above terms, recording the compromise.