IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 AS.No. 118 of 1999() -------------------- OS.712/1995 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): -------------- K.K.THAMPI KURIAKOSE, S/O. KURIAKOSE, AGED51 YEARS, KATTADIYIL HOUSE, KUREEKKAD DESOM, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.J.KURIACHAN RESPONDENTS(S): ---------------- MATHEW THOMAS, S/O. THOMAS, AGED 35 YEARS, SOURIYAMKUZHIYIL HOUSE, EDAPPALLY, CHERANELLOOR, ERNAKULAM. ADV. SRI.BIJU ABRAHAM THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.869/1999 & 311/2000 IN A.S. NO.118/1999 DISMISSED 23/9/2008 SD/- PIUS C.KURIAKOSE, JUDGE. /TRUE COPY/ P.A. TO JUDGE. PIUS.C.KURIAKOSE,J. ------------------------ A.S.No.118 OF 1999 ------------------------ Dated this the 23rd day of September, 2008 JUDGMENT Today, when this appeal came up for consideration, it was reported to me by Sri.K.J. Kurichan the learned counsel for the petitioner and Sri.Biju Abraham, the learned counsel for the respondent that the parties have been able to arrive at a consensus. They submitted that it has been agreed that a sum of Rs.1,50,000/- will be received by the respondent in full and final settlement of the entire plaint claim. It was further submitted that respondent herein can be allowed to withdraw the sum of Rs.20,000/- already under deposit before the court below towards balance sale consideration. An endorsement has been made by the respondent in his own handwriting on the memorandum of appeal acknowledging the compromise. I notice the compromise arrived at between the parties and dispose of the appeal issuing the following directions; i). The judgment and decree under appeal are set aside A.S..No.118/1999 2 and it is recorded that plaint claim is completely satisfied. ii). The court below will permit the respondent plaintiff to withdraw the Rs.20,000/- under deposit before that court towards balance court fee. Iii). One Half of the court fee paid on the appeal memorandum will be refunded to the counsel for the appellant. iv). The order of attachment which is currently subsisting in respect of the properties of the appellant is lifted and necessary communications will be sent to the concerned sub registry. (PIUS.C.KURIAKOSE,JUDGE) dpk A.S..No.118/1999 3 PIUS.C.KURIAKOSE,J. ------------------------ A.S.No.118 OF 1999 ------------------------ JUDGMENT 23rd September,2008