IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 RFA.No. 77 of 2005() -------------------- (AGAISNT THE JUDGMENT AND DECREE IN O.S.38/97 ON THE FILE OF SUB COURT, MUVATTUPUZHA) APPELLANTS/PLAINTIFFS: ------------------------------------------ 1. VARGHESE, S/O. VARGHESE, RESIDING AT PUTHUMANAKUDIYIL, PULINTHANAM KARA OF ENANALLUR VILLAGE.(DIED) 2. M.V. ANNAMMA, D/O. VARGHESE, MADATHIKUDIYIL, PULINTHANAM KARA, ENANALLUR VILLAGE. 3. JOY, S/O. JOSEPH, AMBATTU HOUSE, EDAYAR KARA, KOOTHATTUKULAM VILLAGE. 4. SMT. SARAMMA, D/O ALIAS, NEELAMKAL, MUDAVOOR KARA, VELLOORKUNNAM VILLAGE. 5. GEORGE, S/O. PAILY, MADATHIKUDIYIL, PULINTHANAM KARA, ENANELLUR VILLAGE, PULINTHANAM P.O. (SUPPLEMENTAL APPELLANTS IMPLEADED: 6. SARAMMA ALIAS LEELA, W/O. LATE VARGHESE, AGED 27 YARS RESIDING AT PUTHUMANAKUDIYIL, PULINTHANAM KARA, ENANALL VILLAGE. 7. DEBONN M., S/O. LATE VARGHESE, AGED 27 YEARS, RESIDING PUTHUMANAKUDIYIL, PULINTHANAM KARA, ENANALLUR VILLAGE. 8. DIJINS, S/O.LATE VARGHESE, AGED 27 YEARS, RESIDING PUTHUMANAKUDIYIL, PULINTHANAM KARA, ENANALLUR VILLAGE. (SUPPLEMENTAL APPELLANTS ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED A1 AS PER ORDER DATED 2/6/2009 IN I.A. 1557/2009) BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): DEFENDANTS: -------------------------- 1. KERALA STATE REPRESENTED BY CHIEF SECRETARY TO KERALA GOVT., GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE TAHASILDAR, MUVATTUPUZHA. GOVERNMENT PLEADER THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ R.F.A.No. 77 OF 2005 ------------------------ Dated this the 12th day of March, 2010 JUDGMENT Pius C.Kuriakose, J. The appellants have filed a memo withdrawing from the appeal. In the light of that memo, this RFA is dismissed as withdrawn, but without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk