IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 AS.No. 587 of 1996() ------------------------ OS.268/1993 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S)/2ND DEFENDANT -------------------------------------- SRI. N. GOPINATHAN NAIR, S/O. NARAYANAN NAIR, NANGETHU HOUSE, OORAMANAKARA, MEMURI VILLAGE, BY ADVS. SRI.K.N.NARAYANA PILLAI SRI.V.P.K.PANICKER RESPONDENT(S)/PLAINTIFF AND THIRD DEFENDANT -------------------------------------------------------------- 1. SASIKUMAR T.R.,S/O. RAMAN NAIR, TENARICKAL HOUSE, OORAMANA KARA, MEMURY VILLAGE, MUVATTUPUZHA TALUK. 2. SRI. K.G. RADHAKRISHNAN, S/O. GOPALAN NAIR, NANGETHU HOUSE, CENTRAL MARINE FISHERIES RESEARCH INSTITUTE, TATPURAM, KOCHI. (2. DELEATED AS PER ORDER IN C.M.P 1100/01 DATED 07/09/2010.) R1 BY ADV. SRI.V.PHILIP MATHEWS R2 BY ADV. SRI.BIJU BALAKRISHNAN THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = A.S. 587 OF 1996 = = = = = = = = = = = = = = = Dated this the 7th day of September, 2010. J U D G M E N T The suit O.S.268/93 before the Subordinate Judge, Muvattupuzha stand decreed against defendants 2 and 3 for realisation of Rs.27,395/- with future interest at 12% per annum on the principal amount of Rs.22,455/- against defendants 2 and 3 in the suit. The 2nd defendant in the suit has filed this appeal and the compromise petition is filed as early as on 14th day of March 2001. Advocate Sri.K.N. Narayana Pillai who is no more now has filed a compromise petition. It also contains a signature of the counsel for the respondent. There is also a prayer to remove the 2nd respondent in the appeal from the party array. Learned counsel representing the office of A.S. 587 OF 1996 -:2:- Sri.K.N.Narayana Pillai, namely advocate Sri. Vidhyasagar submits that the signature seen in the compromise is that of his senior Sri.K.N. Narayana Pillai. The counsel for the respondent also does not come to the Court though it is posted everyday. Therefore it has to be stated that nobody is interested since the matter has been settled between the parties. Therefore I strike out the name of the 2nd respondent in the appeal from the party array and record the compromise and in the light of the compromise the judgment and decree are set aside and the suit is dismissed without costs. I make it very clear if there is any irregularity anywhere let the parties approach this Court at any stage they want. M.N. KRISHNAN, JUDGE. ul/- A.S. 587 OF 1996 -:3:- M.N. KRISHNAN, J. = = = = = = = = = = A.S. 587 OF 1996 = = = = = = = = = = = J U D G M E N T 7th September, 2010.