IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 AS.No. 320 of 1997(C) --------------------- OS.858/1994 of III ADDL.SUB COURT, KOZHIKODE .................... APPELLANT: ------------------------ C.K.KUNHABDULLA, S/O.MAMMU HAJI, AGED 54 YEARS, CHOLATHKANDI HOUSE, VAITHERI, WAYANAD DT. BY ADV. SRI.K.V.SOHAN SRI.K.RAJEEV RESPONDENT(S): ---------------------------- EDATHIL RAMESH, S/O.E.BALAN, RAJANI NIVAS, THIRUVANNUR, KOZHIKODE DT. ADV. SRI.P.K.LAKSHMANAN SRI.V.V.SURENDRAN FOR SRI.P.A.HARISH THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = A.S.No.320 of 1997 = = = = = = = = = = = = = = Dated this the 29 th day of June, 2009 JUDGMENT The defendant in O.S.No.858 of 1994 on the file of the Sub Court, Kozhikode is the appellant. The said suit was one for realisation of money. The suit was decreed. Hence this appeal. 2. Pending this appeal, the parties have settled the matter and have filed a joint petition signed by them and their counsel as I.A.No.1972 of 2009. As per the said petition filed under Order 23 Rule 3 C.P.C the suit claim as well as the decree stands fully satisfied. Accordingly, the compromise is recorded and the judgment and decree passed by the court below in O.S.No.858 of 1994 shall stand superceded. The appellant shall be entitled to refund of one half of the court fee paid on the memorandum of appeal. There shall be no order as to costs. Dated this the 29th day of June, 2009. V. RAMKUMAR, JUDGE sj