IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 AS.No. 159 of 2000(B) --------------------- ( OS.374/1995 of SUB COURT,KATTAPPANA ) .................... APPELLANT/1st DEFENDANT: ------------------------------ SAMUEL ALIAS PAPPACHI, S/O. JOSEPH, RESIDING AT MECHERIL HOUSE, P.O. UPPUTHARA, MECHERIKADAVU, UPPUTHARA VILLAGE. BY ADV. SRI.S.EASWARAN RESPONDENTS/PLAINTIFF AND DEFENDANT NOS. 2 TO 7: ------------------------------------------------------------------ 1. JOYCY, W/O. JOSEPH, RESIDING AT NEELANKAVIL HOUSE, P.O. KUNDUKADU, THRISSUR DISTRICT. 2. JOSEPH, S/O. JOSEPH, MECHERIL, NOW RESIDING AT KELAMANGALATH HOUSE, AYYAPPANKAVU EAST, ERNAKULAM, KOCHI – 682 018. 3. BENNY JOSEPH, S/O. JOSEPH, RESIDING AT MECHERIL HOUSE, UPPUTHARA P.O., UPPUTHARA VILLAGE. 4. GRACY, W/O. ANTONY, QUARTERS NO. 101, ALUPURAM, UDYOGAMANDAL, C/O. INDIAN ALUMINIUM COMPANY, P.O. ALUPURAM, ALUVA, ERNAKULAM DISTRICT. AS.No. 159 of 2000(B) 5. LEONA, W/O. PAULOSE, RESIDING AT PATHICKALPULIYAN HOUSE, KURUPPAMPADY, P.O. PERUMBAVOOR TALUK, PANACHIYAM, ERNAKULAM DISTRICT. 6. TILLY, W/O. BABU, RESIDING AT KALAVARAYIL HOUSE, PAMBADY P.O., MEENADOM, KOTTAYAM DISTRICT. 7. SARAMMA, W/O. DEVASIA, PERUMTHOTTATHIL HOUSE, IRATTUNADA, MANARCADU P.O., KOTTAYAM (NOW RESIDING AT KAYYANIYIL HOUSE, MANTHURUTHY P.O., KOTTAYAM – 686 542.) R1 BY SRI.RAJU K.MATHEWS R3 BY ADV. SRI.C.K.VIDYASAGAR AND ADV. SRI.T.I.ABDUL SALAM THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ............................................ A.S. No. 159 OF 2000 ............................................. Dated this the 6th November, 2008 J U D G M E N T K.T. Sankaran, J: The first defendant in O.S.No. 374 of 1995 on the file of the Sub Court, Kattappana has filed this appeal challenging the judgment and decree passed by the court below. The suit was for partition. The court below passed a preliminary decree. 2. I.A.Nos. 2591 and 2625 of 2008 are filed respectively by the third respondent (third defendant ) and first respondent (plaintiff) stating that the third defendant has paid the consideration to the plaintiff for assigning her share in favour of the third defendant. It is also stated that in view of the settlement arrived at between the parties, the plaintiff may be permitted to withdraw the suit. The settlement, as revealed in the aforesaid Interlocutory Applications, is recorded. The plaintiff is permitted to withdraw O.S.No. 374 of 1995 on the file of the A.S. No. 159 OF 2000 2 Sub Court, Kattappana. The suit shall stand dismissed as withdrawn. In view of the withdrawal of the suit, the appeal need not be considered on the merits. The appeal is accordingly closed. 3. I.A.Nos. 2591 and 2625 of 2008 are recorded and shall form part of the decree. C.M.P.Nos.1432 and 4509 of 2000 and I.A.No. 1044 of 2006 in A.S.No.159 of 2000 are dismissed. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk A.S. No. 159 OF 2000 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. ................................................... A.S. No. 159 OF 2000 ................................................... Dated this the 6th November, 2008 J U D G M E N T