IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 RSA.No. 1068 of 2010() ---------------------- AS.10/2007 of I ADDL.DISTRICT COURT, ERNAKULAM OS.772/2002 of PRL.M.C.,ERNAKULAM .................... APPELLANT/APPELLANT/DEFENDANT NO.1 ---------------------------------------------------------------- K.S.BABY, S/O. SKARIA, AGED 73 YEARS, KAITHAPPILY, KIZHUMURIKARA RAMANGALAM VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.K.RAKESH ROSHAN RESPONDENTS: PLAINTIFFS & 2ND DEFENDANT ------------------------------------------------------------------------- 1. ST.MARY'S PUBLIC SYRIAN CHURCH, NADAMA, TRIPUNITHURA, NADAMA VILLAGE, KANAYANNUR TALUK, REPRESENTED BY TRUSTEE M.M.PETER,S/O.MANI, AGED 76 YEARS,TRUSTEE, ST.MARY'S JACOBITE SYIRIAN CHURCH RES:AT MANJANTH- URTHEL,NADAMA DESOM,THEKKUMBHAGOM VILLAGE, TRIPUNITHURA 682 901. 2. K.T.BABY, S/O. K.P.THOMAS, AGED 68 YEARS TRUSTEE, ST. MARY'S JACOBITE SYRIAN CHURCH, NADAMA, TRIPUNITHURA RESIDING AT KOMARICKAL HOUSE, VADAVUCODE KARA,PUTHECRUZ, VADAVUCODE VILLAGE 682 308. ADV. SRI.M.M.ALIAS FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON 13/12/2011 DELIVERED THE FOLLOWING: M.L.JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.S.A. No.1068 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of December, 2011 JUDGMENT This Second Appeal is filed by the defendant in O.S. No.772 of 2002 on the file of Principal Munsiff's Court, Ernakulam. The respondents 1 and 2 herein were the plaintiffs 1 and 2 in that suit which was filed by them for realisation of money. 2. In O.S. No. 772 of 2002, an ex-parte decree was passed allowing the plaintiffs to realise a sum of Rs.27,990/- together with 12% interest per annum on the principal sum of Rs.22,554.80 and costs from the defendant. Against that judgment and decree, the defendant filed A.S.No.10 of 2007 before the I Additional District Court, Ernakulam which was dismissed. Against that judgment and decree, the defendant filed this second Appeal. 3. During the pendency of this second appeal, the parties R.S.A. No.1068 of 2010 :2: filed a compromise. But that compromise cannot be recorded, as one C.J. Joseph is signed as second respondent instead of K.T.Baby. Hence that compromise is not recorded. Learned counsel for the appellant and learned counsel for respondents 1 and 2 submits that the respondents can be permitted to withdraw the amount of Rs.2,500/- deposited by the appellant before the Court below as per the order in C.M.A. No. 38 of 2005 and this second appeal can be closed. Accordingly this second appeal is closed and the respondents are allowed to withdraw the amount of Rs.2,500/- deposited by the appellant before the Court below as per the order in C.M.A. No.38 of 2005. There is no order as to costs in this second appeal. M. L. JOSEPH FRANCIS, (JUDGE) dl/