K.T.SANKARAN,J The respondent filed O.S.No.1176 of 2011 on the file of Second Additional Sub Judge, Thrissur claiming 1/6th share in the plaint schedule property. The Trial Court passed a preliminary decree dated 18.10.2013 in favour of the respondent in respect of 1/6th share claimed by her. 2. The appellant is the son of the respondent. The property belonged to the father of the appellant. On his death, the property devolved on appellant, respondent and other four legal heirs. The appellant contended and it is not disputed that he got assignment of the shares belonging to other sharers. The appellant contended that respondent also settled her share in favour of the appellant with a life estate in favour of the respondent. According to the respondent, the document is only a will and not a settlement deed.
3. The parties settled their disputes and differences and entered into an agreement dated 11.8.2014, by which the appellant agreed to purchase the share of the respondent for a consideration of Rs.3,75,000/-. It was agreed that out of the RFA 329/2014 2 sale consideration, a sum of Rs.1,00,000/- will be paid as advance and the balance consideration of Rs.2,75,000/- will be paid to the respondent on or before 10.02.2015.
4. It is submitted by the learned counsel for the parties that the advance amount of Rs.1,00,000/- was received by the respondent. A compromise petition (I.A.No.2650 of 2014) is filed by the parties to pass a decree in terms of Annexure A1 agreement dated 11.8.2014.
5. The compromise petition is allowed and a decree is passed in terms of the compromise and in terms of Annexure A1 agreement dated 11.8.2014 executed and signed by the parties, in substitution of the preliminary decree passed by the trial court.
The Appeal is disposed of as above. Half the court fee paid on the memorandum of appeal will be refunded to the appellant.
K.T.SANKARAN, JUDGE P.D.RAJAN, JUDGE lgk