IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 RFA.No. 76 of 2007() ----------------------------- OS.109/2002 of PRINCIPAL.SUB COURT,THRISSUR .................... APPELLANT/DEFENDANT --------------------------------------- C.D.ANTHONY, S/O.DEVASSY, CHALISSERY VALAPILA, NEAR TAGORE CENTENARY HALL, NETHAJI ROAD, TRICHUR 680 618, ARANATTUKARA VILLAGE AND DESOM, THRICHUR TALUK. BY ADV. SRI.JIJO PAUL RESPONDENT(S): PLAINTIFF ------------------------------------------ P.M.MUHAMMED NAJEEB, S/O.KOYAKUTTY, 10/970A, 'MUBARACK', P.O.ARAKKINAR, CALICUT-673 028, NADUVATTOM AMSOM, AND DESOM, KOZHIKKODE TALUK. ADV. SRI.AVM.SALAHUDIN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- R.F.A.No.76 OF 2007 & I.A.No.801 OF 2011 ------------------------------------ Dated this the 23rd day of June, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. The captioned I.A. is filed for an order granting leave to amend the memorandum of appeal by giving up grounds C to G and as a consequence, to reduce the valuation of the appeal. We do not think that such course is necessary now when the parties state that the litigation has been settled between them out of court and the decree holder stands satisfied. We record this submission. In the light of that, the appeal itself is unnecessary. We, accordingly, reject the appeal and order refund of court fee already paid on this appeal. We further order that any Demand Draft stated to have been produced by the appellant before the court below, in view of interim orders in this appeal, shall be returned to the appellant. It is also recorded that the respondent decree holder does not make any RFA.76/07 2 claim as against the money covered by the DD. The RFA and the I.A. are ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, Judge. S.S.SATHEESACHANDRAN, Judge. kkb.24/6.