IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 AS.No. 509 of 2002() -------------------- {O.S.NO.17/2001 OF THE SUB COURT, THIRUVALLA} .................... APPELLANT(S): PLAINTIFF: ------------------------ M.A.RAMASWAMY, S/O. APPUKUTTY ACHARI, AGED 52 YEARS,RAJIV BHAVAN,AZHIYIDATHU CHIRA MURI, KAVUMBHAGAM VILLAGE, THIRUVALLA. BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): DEFENDANT: ------------------------- VARGHESE, S/O. CHACKO, AGED 46 YEARS, MANAMEL VALIYATHARAYIL, KUZHIVELIPRAM MURI, PERINGARA VILLAGE. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------ A.S.No.509 of 2002 ----------------------------------------------- Dated this the 19th day of March, 2010 JUDGMENT PIUS C. KURIAKOSE , J. The learned counsel for the appellant seeks permission to withdraw the appeal. There is no objection to his request by the learned counsel for the respondent. It is submitted by both sides that the issue is settled between the parties out of court. Hence, we grant leave to withdraw the appeal. The appeal is dismissed as settled out of court. Half the court fee remitted on this appeal memo be refunded to the counsel for the appellant. Sd/- (PIUS C. KURIAKOSE) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE SK/- //true copy//