IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 RSA.No. 1143 of 2009() ---------------------- AS.328/2005 of II ADDL. DISTRICT COURT, TRIVANDRUM OS.1161/2002 of PRL.M.C.,TRIVANDRUM .................... APPELLANT/ 2ND RESPONDENT/ 2ND DEFENDANT : ---------------------------------------------------------- M/S CENTURIAN BANK MERGED/AMALGAMATED WITH THE HDFC BANK LTD., WITH EFFECT FROM 23-05-2008 AS PER THE APPROVAL OF THE SCHEME OF AMALGAMATI ON BY THE RBI, NOW HDFC BANK LTD., SYAM SCION, PMG JN. LAW COLLEGE ROAD, TVM-33, REP. BY ITS LEGAL MANAGER K.S. ANIL KUMAR, RES. SAKTHIVILAS, KAVUMPADY. MUVATTUPUZHA. BY ADV. SRI.B.JAYASANKAR RESPONDENT(S)/ APPELLANT & 1ST RESPONDENTS/ PLAINTIFF/ & 1ST DEFENDANT: ----------------------------------------------------------------------- 1. STATE BANK OF TRAVANCORE, NALANCHIRA BRANCH REPRESENTED BY ITS MANAGER, NALANCHIRA BRANCH, AND THIRUVANANTHAPURAM. 2. ABHILASH T. NAIR, S/O. THANKAPPAN NAIR SENIOR TELCOM ASSISTANT O/O CHIEF GENERAL MANAGER, TELECOM PMG THIRUVANANTHAPURAM, NOW RESIDING AT B-8, BSNL STAFF QUARTERS, NALANCHIRA, THIRUVANANTHAPURAM. (deleted) R2 IS DELETED FROM PARTY ARRAY AS PER ORDER DT.31/3/11 IN IA 882/11 ADV. SRI.SATHISH NINAN FOR R1 SRI.SANTHOSH MATHEW FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- I.A.NO.882 OF 2011 in R.S.A.NO.1143 OF 2009 --------------------------------------------- Dated 31st March, 2011 ORDER Appeal is filed challenging the decree granted by the first appellate court in A.S.328/2005 by the second defendant in favour of first respondent/plaintiff. In such circumstances, I.A.882/2011 is allowed. Second respondent is removed from the party array. M.SASIDHARAN NAMBIAR, JUDGE. uj. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- R.S.A.NO.1143 OF 2009 --------------------------------------------- Dated 31st March, 2011 JUDGMENT I.A.883/2011 is filed jointly by the appellant and the first respondent, who alone remains in the array of the respondent, after removal of the second respondent, under Rule 3 of Order XXIII of Code of Civil Procedure to record the compromise. Application is signed both by the appellant and first respondent and their counsel. Compromise is recorded. Appeal is disposed in terms of the compromise petition. Compromise petition will form the part of the decree. Refund half of the court fee payable. M.SASIDHARAN NAMBIAR, JUDGE. uj.