IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 RFA.No. 65 of 2007 & CROSS OBJECTION 6 of 2009 ---------------------------------------------------------------------- AGAINST THE JUDGMENT DATED 28/9/2006IN OS.64/2004 of SUB COURT, VADAKARA .................... APPELLANT (S):/DEFENDANT: ------------------------------------------- JAYAKRISHNAN, S/O.K.R.KALLYANIKUTTY AMMA, AGED 53 YEARS, MECHANICAL ENGINEER, RESIDING AT KAPPALLI, KANDAMERI AMSOM, DESOM, VATAKARA TALUK. BY ADV. SRI.N.L.KRISHNAMOORTHY SRI.K.LAKSHMINARAYANAN SMT.SATHYA SHREEPRIYA RESPONDENT(S): PLAINTIFFS: ------------------------------------------- 1. KOYILOTH RAMATH SATHEE CHANDRA KURUP, S/O.KARUNAKARAN NAMBIAR, DOCTOR, AGED 64 YEARS, RESIDING AT LAKSHMI NIVAS, KUTTIPPURAM AMSOM, DESOM, VATAKARA TALUK. 2. KOYILOTH RAMATH KALLIYANIKUTTY AMMA, D/O.KUNHI KELAPPAN NAMBIAR, AGED 80 YEARS, RESIDING AT SREEVALSAM, KACHERI AMSOM, DESOM, P.O.KOZHIKODE, PIN-673 011. R1 BY ADV. SRI.B.S.KRISHNAN, SENIOR ADVOCATE & ADV. SRI.R.PARTHASARATHY R2 BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/07/2011 ALONG WITH CROSS OBJECTION NO.6 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ R.F.A.No.65 of 2007 & CROSS OBJECTION No.6 of 2009 ---------------------------------------------- Dated, this the 13th day of July, 2011 J U D G M E N T K.M.Joseph, J. Learned counsel for the appellant submits that the matter has been settled out of Court during the pendency of the appeal and that the appeal may be dismissed as settled out of Court. In view of the above submission, the Regular First Appeal is dismissed as settled out of Court. Cross objection : Learned counsel for the cross appellant submits that the matter is settled out of Court and that the Cross Objection may be dismissed as settled out of Court. Accordingly, the Cross Objection is also dismissed as settled out of Court. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS