IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 AS.NO. 40 OF 1993(C) -------------------------------- (AGAINST O.S. NO.528 OF 1989, SUB COURT, THRISSUR) APPELLANT(S) - 2ND DEFENDANT: ------------------------------------------------ A.V. FRANCIS, AGED 48 YEARS, S/O. VAREED, ARANGASSERY HOUSE, THEYYAR VILAGE, TALAPPALLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.ARAVINDAKSHA MENON RESPONDENT(S) - RESPONDENT - PLAINTIFF - DEFENDANTS 1 & 3: ---------------------------------------------------------------------------------------------------- 1. KIN TRADERS, PAVARATTY, CHAVAKKAD TALUK, REPRESENTED BY THE MANAGING PARTNER SHRI E.D. JACOB, AGED 63 YEARS, S/O.EDAKKALATHOOR DEVASSIKUTTY, PEINGADU DESOM, PAVARATTY, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. A.P. VAREED, AGED 76 YEARS, S/O.PORINJUKUTTY, RESIDING AT ARRANGASSERY VIA ERUMAPETTY, THALAPPALLY TALUK, THRISSUR DISTRICT. 3. A.V. PAUL, AGED 42 YEARS, S/O. VAREED, RESIDING AT ARANGASSERY VIA ERUMAPETTY THALAPPALLY TALUK, THRISSUR DISTRICT. ADV. SRI.D.KRISHNAPRASAD FOR R1 SRI D. NARENDRANATH SMT. PARVATHY MENON R2 THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = A.S. No.40 of 1993 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of March, 2009 J U D G M E N T ---------------------- Death of respondent No.2 was reported by learned counsel on 10.2.2009. It was directed that steps if any, shall be taken but, no steps have been taken so far. Counsel for respondent Nos.1 and 3 submitted that the case has been settled out of court and that the appellant who was given intimation has reported that he is not interested in proceeding with this appeal further on account of the settlement. Learned counsel therefore submits that the appeal and cross objection may be dismissed as settled out of court. Resultantly, the appeal and cross objection are dismissed as settled between the parties out of court. No costs. THOMAS P.JOSEPH, JUDGE. vsv THOMAS P.JOSEPH, J. =================== A.S. No.40 of 1993 =================== J U D G M E N T 16TH MARCH, 2009