IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 Mat.Appeal.No. 413 of 2010() ---------------------------- OP.1022/2008 of FAMILY COURT, KOTTAYAM .................... PETITIONERS: RESPONDENTS -------------------------- 1. JOHNSON,S/O.GEORGE @ VARKEY, NATTUVAZHIPARAMBIL HOUSE,ONAMTHURUTH KARA, SREEKANDAMANGALAM.P.O,ATHIRAMPUZHA VILLAGE, KOTTAYAM DISTRICT. 2. GEORGE @ VARKEY,NATTUVAZHIPARAMBIL HOUSE,ONAMTHURUTH KARA,SREEKANDAMANGALAM.P.O, ATHIRAMPUZHA VILLAGE,KOTTAYAM DISTRICT. BY ADV. SRI.SANTHAN V.NAIR SRI.V.V.MITHUN RESPONDENTS: PETITIONER ------------------------- KAVITHA @ ANU,D/O.JOSEPH,PUTHENKALAYIL HOUSE,PAROLICKAL KARA,ATHIRAMPUZHA.P.O, KOTTAYAM DISTRICT. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M. Application No. 1148 of 2010 and Mat. Appeal No.413 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of October, 2010 JUDGMENT Basant J., When these appeal and application for condonation of delay came up for hearing, the learned counsel for the appellants submits that the matter has been settled between the parties. The respondent has not entered appearance so far. The learned counsel for the appellants submits that the appellants does not want to prosecute this appeal. They shall take steps before the execution court to record full satisfaction in the light of the settlement between the parties. This appeal may be dismissed with option for the appellants to move the execution court to record the settlement and full satisfaction. We are satisfied that the request can be allowed. The respondent has not entered appearance. But we do not propose to pass any orders against the respondent. The prayer is only that the Mat. Appeal may be dismissed as it is not necessary C.M. A. 1148 of 2010 and Mat. Ap.413 of 2010 2 now, in view of the alleged settlement, which the appellants want to bring to the notice of the execution court. 2. The request is accepted. The Mat Appeal and the petition for condonation of delay are dismissed as withdrawn. Needless to say that the appellants shall be at liberty to request the execution court to record full satisfaction and if there are sufficient materials, the execution court must consider the same and pass appropriate orders. R. BASANT, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/ C.M. A. 1148 of 2010 and Mat. Ap.413 of 2010 3