IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 RFA.No. 67 of 2010() -------------------- OS.78/2007 of II ADDL.SUB COURT,ERNAKULAM APPELLANTS/DEFENDANT NO.3 AND 4 -------------------------------------------------- 1. BABY MATHEW,AGED 48 YEARS, S/O.A.J.MATHEW,ARAMBANKUDIYIL HOUSE,NADUKANI.PO, KOTHAMANGALAM,MANAGING DIRECTOR,SOMATHEERAM AYURVEDIC BEACH RESORT PVT.LTD,CHOWARA.P.O, BALARAMAPURAM(VIA),THIRUVANANTHAPURAM. 2. SOMATHEERAM AYURVEDIC BEACH RESORT PVT. LTD,CHOWARA.P.O,BALARAMAPURAM(VIA), THIRUVANANTHAPURAM, REP. BY MANAGING DIRECTOR,SHRI.BABY MATHEW. BY ADV. SRI.PRAVEEN K. JOY SRI.ADEEP ANWAR RESPONDENT(S): PLAINTIFF/DEFENDANT NO.1 AND 2 --------------------------------------------- 1. BABY JOSEPH,AGED 55,S/O.JOSEPH, PULICKAL HOUSE,MALAYINKEEZHU,KOTHAMANGALAM.P.O, ERNAKULAM DISTRICT. 2. POLLY MATHEW,S/O.A.J.MATHEW,AGED 58, ARAMBANKUDIYIL HOUSE,NADUKANI.P.O,KOTHAMANGALAM, CHAIRMAN,SOMATHEERAM AYURVEDIC HOSPITAL AND YOGA CENTRE PVT.LTD,CHOWARA.P.O,BALARAMAPURAM, THIRUVANANTHAPURAM. 3. SOMATHEERAM AYURVEDIC HOSPITAL AND YOGA CENTRE PVT.LTD,CHOWARA.P.O,BALARAMPURAM, THIRUVANANTHAPURAM,REP.BY ITS CHAIRMAN, SHRI.POLLY MATHEW. ADV. SRI.ALEXANDER JOSEPH FOR R1 SRI.JOBI.A.THAMPI FOR R2 & R3 SRI.PRAMOD KOCHUTHOMMEN.E. FOR R2 & R3 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2010, ALONG WITH RFA NO. 109 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= R.F.A.Nos. 67 & 109 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 24th day of March, 2010 JUDGMENT Basheer, J. These appeals are directed against the judgment and decree in O.S. No.78 of 2007 on the file of the II Additional Subordinate Judge's Court, Ernakulam. R.F.A No 67 of 2010 has been preferred by defendants 3 and 4 and R.F.A 109 of 2010 is at the instance of defendants 1 and 2. 2. The Court below has granted a decree in favour of the respondent No.1/plaintiff to recover a sum of Rs.5,75,000/- from the defendants and their assets. 3. When these two appeals are taken up today for consideration, it is submitted before us by the learned counsel for the parties that the matter has been settled out of court and that the appellants do not intend to prosecute RFA 67 & 109/2010 2 the appeals any further. Learned counsel for respondent No.1/plaintiff also submits that the decree has been satisfied. 4. In paragraph 4 of the affidavit respondent No.1/plaintiff has stated thus:- 4. From the very beginning, there was no claim against the appellants, since the claim was based on cheques. But now all the claims have been settled out of court and therefore no further claims subsist. This respondent further submits that he will withdraw his entire claim as against the appellant from the decree in O.S. No.78/2007 of Sub Court, Ernakulam and will submit memo before the execution court, for recording the claim as satisfied. Therefore, no further claim will be raised in future, with respect to the decree and judgment in O.S. No.78 of 2007 of Sub Court, Ernakulam. Recording this statement of withdrawing of claim against appellants, a decree may be passed in the above regular first appeal, in the interest of justice...” 5. Learned counsel for respondentNo.1/plaintiff submits that in view of the fact that the entire claim has been satisfied, appropriate steps will be taken to close the execution petition, which is now pending. The above submission is recorded. RFA 67 & 109/2010 3 6. Accordingly, the appeals are disposed of in terms of the settlement. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.