IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 AS.No. 42 of 2002(C) -------------------- OS.204/1994 of SUB COURT, CHERTHALA .................... APPELLANT(S): DEFENDANT ----------------------- JOSEPH CYRIAC, S/O.KURIAKOSE, RESIDING AT CHENNOTH KARIYIL, KOKKOTHAMANGALAM VILLAGE. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.SURIN GEORGE IPE RESPONDENT(S): PLAINTIFF ------------------------ THANKAMMA, W/O.LAKSHMANAN, RESIDING AT NIKARTHIL, KADAKKARAPPILLY VILLAGE, CHERTHALA. ADV. SRI.V.L.SHENOY FOR R1 THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ A.S. 42 OF 2002 - C ------------------------------------------------------ Dated: FEBRUARY 11, 2010 JUDGMENT Basheer, J. When this appeal is taken up for consideration, it is submitted by learned counsel for the parties that the matter has been settled out of court. A compromise petition signed by the appellant, the respondent and their respective counsel has also been filed incorporating the terms of settlement. 2. Going by the terms of the compromise, the respondent is permitted to withdraw a sum of Rs.2,65,000/- out of the amount lying under attachment in EP No.85/1995 in OS No.6/1991 before the Subordinate Judge's Court, Cherthala. The said court shall disburse a sum of Rs.2,65,000/- to the respondent if a motion in this regard is made. The balance amount shall be released to the appellant. The compromise petition shall form part of the judgment and decree. The appeal is disposed of as above. Half court fee shall be refunded to the appellant. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-