IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 AFA.No. 4 of 1999() ------------------- AGAINST THE JUDGEMENT/ORDER IN AS.430/1991 Dated 05/08/1998 OS.144/1988 of ADDL.SUB COURT, KOCHI .................... APPELLANT(S): -------------- 1. RAJAN, AGED 61 YEARS, S/O.AYYANKUTTY, THARAYIL VEEDU, FORT KOCHI DESOM, -DO- VILLAGE, KOCHI TALUK. 2. PARIMALA, AGED 57, W/O.BAHULEYAN, PAREPARAMBIL HOUSE, EROOR DESOM, NADAMEL VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.M.RAVIKUMAR RESPONDENT(S): --------------- JANARDHANAN, AGED 69, W/O.KUNJAPPAN, KALATHIPARAMBIL HOUSE, CHIRATTAPALAM DESOM, FORT KOCHI VILLAGE, KOCHI TALUK. ADV. SRI.B.JAYASANKAR THIS APPEAL FROM FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- A.F.A.No. 4 of 1999 ------------------------------- Dated this the 20th February, 2009 J U D G M E N T Raman, J. Though a judgment was dictated orally on 18.2.2009, subsequently it was represented that the respondent has already purchased the right of the appellant, and as such, the appeal is not pressed. Hence, we posted this matter for 'to be spoken to' on today and heard both sides. In view of the deletion of Section 23 of the Hindu Succession Act, by virtue of amendment made to the Hindu Succession Act in 2005, the relief has to be moulded. Since it is submitted that the respondent has already purchased the right of the appellant and no dispute subsists for adjudication, we dismiss this appeal as not pressed. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- A.F.A.No.4 of 1999 J U D G M E N T Dated:20th February, 2009. -------------------------------