IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 RFA.No. 542 of 2004() --------------------- OS.292/1996 of SUB COURT, MAVELIKKARA .................... APPELLANTS/DEFENDANTS 3 AND 4 ----------------------------- 1. KERALA FINANCIAL CORPORATION REP. BY ITS DISTRICT MANAGER, ALAPPUZHA. 2. THE DISTRICT MANAGER, KERALA FINANCIAL CORPORATION, ALAPPUZHA. BY ADV. SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENT(S): --------------- 1. CELIN THOMAS, MANAGING PARTNER, THANKAM MATCH INDUSTRIES, PERINGALA, KAYAMKULAM. 2. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF INDUSTRIES AND COMMERCE DIRECTORATE OF I & C, THIRUVANANTHAPURAM. 4. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ALAPPUZHA. 5. THE KERALA INDUSTRIAL AND TECHNICAL CONSULTANCY ORGANISATION LTD., REP. BY ITS MANAGING DIRECTOR, SHEMA BUILDINGS, M.G.ROAD, COCHIN. 6. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, ALAPPUZHA. (RESPONDENTS 2 TO 6 ARE REMOVED FROM THE PARTY ARRAY AS PER ORDER DATED 6.10.2008 IN IA 4064/08) ADV. SRI.A.M.SHAFFIQUE (SR.) FOR R5 SMT.PRIYA KRISHNAMOORTHY FOR R5 SRI.P.C.JOSEPH PAZHEPARAMBIL FOR R1 GOVERNMENT PLEADER SRI.MOHAMMED ANSAR K.J. FOR R2,3,4 & 6 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- R.F.A. No.542 of 2004 ---------------------------------------------- Dated 6th October, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed against the judgment and decree in O.S.292/96 on the file of the Sub Court, Mavelikkara. During the pendency of the appeal, it is seen that the parties have settled the disputes out of court. They have filed I.A.4065/08 in that regard, under Order 23 Rule 3 CPC. The terms of settlement are recorded. In view of the settlement as above, the judgment and decree under appeal are set aside. The appeal is allowed in terms of the settlement as recorded in I.A.4065/08. I.A.4065/08 will form part of the decree. Since the matter has been settled between the parties, the appellants shall be entitled to refund of one half of the court fee. I.A.4064/08 : Allowed. I.A.No.3309/04 & 2062/08 : Dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- R.F.A. No.542 of 2004 ---------------------------------------------- J U D G M E N T Dated 6th October, 2008.