IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 RFA.No. 84 of 2006() -------------------- OS.93/1997 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT/DEFENDANT --------------------------------------- NARAYANAN, S/O.VELAYUDHAN, NEDUVELIKUDY HOUSE, ELAMBAKAPPILLY KARA, VENGOOR WEST VILLAGE. BY ADV. SRI.S.SHYAM SRI.N.K.KARNIS RESPONDENT(S): PLAINTIFF ------------------------ VASUDEVAN ELAYATH, S/O.KESAVAN ELAYATH, CHENGAZHASSERY ILLAM, MUDAKKUZHA KARA, VENGOOR WEST VILLAGE. ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER SMT.PRIYA VIJAYAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. ----------------------------------------- R.F.A.No.84 of 2006 ----------------------------------------- Dated this the 9th day of January, 2009 JUDGMENT Kurian Joseph,J. This is an appeal filed against the judgment and decree in O.S.No.93/1997 on the file of the Sub Court, North Parur. During the pendency of the appeal the parties have entered into a settlement and have filed a statement in terms of order 23 Rule 3 stating that the matter has been compromised between the parties. It is agreed between the parties that the judgment and decree can be set aside and that the trial court can be directed to release the entire amount deposited by the plaintiff. Therefore, the appeal is disposed of as settled between the parties. The judgment and decree in O.S.No.93/1997 on the file of the Sub Court, North Parur is set aside. The plaintiff is permitted to withdraw the entire amount deposited by him before the court below. The joint statement of the parties dated 1-1-2009 presented on 2-1-2009 will form part of the decree. In view of the settlement of the disputes as above, the liability of the appellant shall only be one half of the court fee. (KURIAN JOSEPH, JUDGE) (C.K.ABDUL REHIM, JUDGE) ahg. KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. --------------------------- ---------------------------- JUDGMENT 9th January, 2009