IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 AS.No. 59 of 1999(D) ------------------------------ OS.604/1991 of PRL.SUB COURT,IRINJALAKUDA .................... APPELLANT - PLAINTIFF: -------------------------------- A.V.J. MOSAIC AND CEMENTS WORKS, KALLETTUMKARA, REPRESENTED BY MANAGING PARTNER, JOSEPH, S/O. ARAKKAL VARUTHKUTTY, THAZHEKKAD VILLAGE, MUKUNDAPURAM TALUK. (DIED) ADDITIONAL APPELLANTS IMPLEADED: ----------------------------------------------------- 2. EMILY JOSEPH, W/O. (LATE JOSEPH) ARAKKALL HOUSE, NAYARAMBALAM P.O., VATTATHARA. 3. SHAJAN, A.J., S/O. (LATE) JOSEPH, DO. DO. 4. MICHAEL, A.J., DO. DO. 5. SHALY BEENY, W/O. BEENY, THEEDAI HOUSE, IRINJALAKUDA P.O. 6. BEENA SABU, ARAKKAL HOUSE, NAYARAMBALAM P.O., VATTATHARA. ADDITIONAL APPELLANTS ARE IMPLEADED AS PER ORDER DATED 10.4.2008 IN I.A. NO. 1701 OF 2008 BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.B.BINOJ SRI.K.S.MADHUSOODANAN RESPONDENTS - DEFENDANTS: ------------------------------------------- 1. KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM, THRISSUR BRANCH, REPRESENTED BY BY DISTRICT MANAGER, CHEMBUKKAVU, THRISSUR. 2. THE DEPUTY TAHSILDAR (R.R.)., MUKUNDAPURAM TALUK OFFICE, MUKUNDAPURAM, IRINJALAKUDA. 3. THE VILLAGE OFFICER, THAZHEKKAD, KALLETTUMKARA. 4. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THRISSUR. 5. THE DEPUTY TAHSILDAR (R.R.)., KERALA FINANCIAL CORPORATION, THRISSUR. BY ADV. SRI.V.B.UNNIRAJ R1 BY SR. GOVERNMENT PLEADER SHRI BASANT BALAJI, R2 TO 5 THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = A.S. NO.59 OF 1999 = = = = = = = = = = = = = = = = = = = Dated this the 10th day of April, 2008 J U D G M E N T -------------------- When the case is taken up for hearing, it is submitted by counsel on both sides that the matter has been settled out court and the entire amount due to the Kerala Financial Corporation has been paid. This fact is admitted by Shri V.B.Unniraj, learned Standing Counsel for the KFC. In view of the settlement arrived at between the parties, the appeal is disposed of as withdrawn. Office is directed to refund one half of the court fee paid on the memorandum appeal to the counsel for the appellant. Civil Miscellaneous Petition No.1442 of 1999 shall stand dismissed. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== A.S. NO.59 OF 1999 ===================== J U D G M E N T ------------------------------------------- 10TH APRIL, 2008