IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 RFA.No. 409 OF 2005() --------------------- AS.92/2005 OF DISTRICT .COURT, KOZHIKODE OS.235/2003 of II ADDL.SUB COURT,KOZHIKODE APPELLANTS/DEFENDANTS 2 TO 6: 1. SANTHAKUMARI, AGED 65 YEARS, W/O. PUTHANPURAYIL VASUDEVAN, `RAJANA' M.D. MENON COLONY, VANDIPETTA, NADAKKAVU, KACHERI AMSOM DESOM, KOZHIKODE. 2. LALA RAGINA, AGED 39 YEARS, D/O. VASUDEVAN, DO. DO. 3. RAJULA, AGED 37 YEARS, DO. 4. RAMILA, AGED 34 YEARS, DO. 5. RANEESHA, AGED 29 YEARS, DO. BY ADV. SRI.K.P.BALASUBRAMANYAN SRI.NIRMAL. S RESPONDENTS/PLAINTIFFS & 1ST DEFENDANT: 1. SAROJINI, AGED 69 YEARS, D/O. PUTHEN PURAYIL ACHUTHAN, MUTHIRAKALAYA PARAMBA, KASABA AMSOM, KARIAKUNNU DESOM, KOZHIKODE. 2. VIMALADEVI ALIAS SARADHA, AGED 62 YEARS, D/O. DO. DO. (DIED) 3. BALAKRISHNAN, AGED 66 YEARS, S/O. PUTHEN PURAYIL ACHUTHAN, DO. DO. (IT IS RECORDED THAT 2ND RESPONDENT DIED AND THAT THE APPELLANTS AND RESPONDENTS 1 AND 3 ARE HER LEGAL HEIRS VIDE ORDER DATED 24.7.2007 ON I.A. 2615/2007) BY ADV. SRI.T.SETHUMADHAVAN SRI.K.JAYESH MOHANKUMAR THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: RFA 409/2005 I.A. N0S. 2438/2005 AND 3926/2007 // DISMISSED// 22ND JANUARY, 2008. SD/- P.R. RAMAN, JUDGE. SD/- V.K. MOHANAN, JUDGE. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = I.A. 229/2008 & R.F.A. NO. 409 OF 2005 = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 22ND DAY OF JANUARY, 2008. J U D G M E N T Raman, J. I.A. 229/2008 is an application filed by the appellants praying that the appeal be dismissed as settled. In the affidavit filed in support of the said application, it is averred that the subject of the dispute in the appeal has been settled between the parties out of court and a compromise has been recorded in the final decree proceedings pending before the court below. 2. Heard the learned counsel appearing for the respondents, who also submitted that the matter has been settled out of court. In view of the above, the appeal is disposed of as settled. Half of the court fee paid on the memorandum of appeal be refunded to the appellants. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-