IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 Mat.Appeal.No. 956 of 2010() ---------------------------- OP.1108/2009 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR .................... PETITIONER(S): APPELLANT/ADDL. 2ND RESPONDENT --------------------------------------------- MRS. SAFIYA MAJEED, W/O. MAJEED, RESIDING AT CHIRACKAL HOUSE, KOOTICKAL P.O., MUNDAKAYAM VILLAGE, PIN-686 514. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S): PETITIONER & 1ST RESPONDENT ------------------------------------------ 1. SABEENA V.Y., D/O. V.A.YOUSUF, RESIDING AT VETTIYANICKAL HOUSE, KANAKAPPALAM P.O., KARIMKALLUMOOZHY, ERUMELI, KOTTAYAM DISTRICT. 2. NAZEER N.A., S/O. LATE ABDUL KHADER, RESIDING AT NEDUNGALIL HOUSE, KOOTTICKAL P.O., NARAKAMPUZHA, KOKKAYAR VILLAGE, KOTTAYAM DISTRICT. ADV. SRI.SALIM V.S. FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- Mat. Appeal No.956 of 2010 ----------------------------------------------- Dated 11th April, 2011. J U D G M E N T Joseph, J. This appeal is filed by the additional second respondent in O.P.No.1108/09 on the file of the Family Court, Kottayam at Ettumanoor. The appellant is a pendente lite transferree of the property from the first respondent in the Original Petition. By the impugned order, the Family Court has set aside the sale deed No.3065/2009 of Peermade Sub Registrar Office, executed by the second respondent in favour of the appellant. It is against the judgment, to the extent it has set aside the sale, this appeal is preferred. 2. Today, when the matter came up, learned counsel appearing for the parties would submit that pending the appeal, the husband and wife have settled the matter and the husband has paid the amount due under the decree, to the wife. Learned counsel appearing for the wife would submit that the amounts due under the decree has been received from the husband and he has no objection in the impugned order, setting M.A.956/2010 2 aside the sale in favour of the appellant, being set aside. In the light of the submission, we allow the appeal and set aside the impugned order of the Family Court in O.P.1108/2009 to the extent that it has set aside the sale deed No.3065/2009 of Peermade Sub Registrar Office. We make it clear that the order of attachment, which has been passed, will stand lifted. This judgment will be communicated to the Sub Registrar, Peermade. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs