IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 SA.No. 741 of 1996(E) --------------------- O.S.318/1988 OF MUNSIFF COURT, PALA A.S.112/1994 OF SUB COURT, PALA APPELLANT/RESPONDENT/DEFENDANT ------------------------------------------ K.C.NICHALAVOS, S/O.CHERIAN, RESIDING AT KURUSUMMOOTTIL HOUSE, THIDANADU KARA, KONDOOR VILLAGE. BY ADV. SRI.JOMY GEORGE RESPONDENT/APPELLANT/PLAINTIFF: ---------------------------------------- FR.JOHN, KANJIRAMKUZHI VIKAR CATHOLIC CHURCH, CHEMMALAMATTOM, REPRESENTED BY POWER OF ATTORNEY K.S.JOSEPH, S/O.DEVASIA, KAINATTUKARA HOUSE, THIDANADU KARA, KONDOOR VILLAGE. THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ S.A.NO.741 OF 1996 ------------------------------------------ Dated 11th February 2010 JUDGMENT Appellant is the defendant and respondent the plaintiff in O.S.318/1988 on the file of Munsiff's court, Pala. Appeal is filed challenging the decree passed by the Sub court, Pala in A.S.112/1994, reversing the decree of the trial court and granting a decree for realisation of Rs.10,820/- with future interest in favour of the respondent. 2. Learned counsel appearing for the appellant submitted that appellant has paid the entire amount due to the respondent and learned counsel appearing for the respondent would agree that payment was made. Learned counsel appearing for SA 741/96 2 respondent submitted that entire amount due to the respondent was received by the respondent. It is submitted that the appeal may be dismissed as settled out of court. In such circumstances, recording the submission of the learned counsel of the appellant and respondent the appeal is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.