IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 RFA.No. 298 of 2004(F) --------------------------- (O.S. 1027/95 OF THE SUB COURT, ERNAKULAM) ..... APPELLANTS/PLAINTIFFS -------------------------------- M/S.MARTHOMA RUBBER COMPANY LTD., BOAT JETTY ROAD, ALAPPUZHA, REP. BY ITS DIRECTOR, ANTONY GEORGE. BY ADVS. SRI.P.RAVINDRAN, SENIOR ADVOCATE SMT.ANU SIVARAMAN SRI.RANJITH THAMPAN RESPONDENT(S): DEFENDANTS ------------------------------------- 1. MRS.NIMMY JOHN CHACKOLA, W/O.LATE JOHN CHACKOLA, PROPRIETOR, CHACKOLAS DECORATE, SHANMUGHAM ROAD, COCHIN, RESIDING AT CHACKOLA HOUSE THEVARA, ERNAKULAM , AGE NOT KNOWN. * 2. MINOR JOSEPH J.CHAKOLA, S/O.LATE JOHN CHAKOLA, REP. BY NEXT FRIEND AND MOTHER NIMMI JOHN CHAKOLA. * 3. MINOR ANNA J.CHAKOLA, D/O.LATE JOHN CHAKOLA, REP. BY DO. DO. * R2 AND R3 ARE DECLARED AS MAJOR AS PER ORDER DATED 20/12/2010 IN I.A. NO. 4634/2010. R1 TO R3 BY ADV. SRI.B.JAYASANKAR THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs ORDER ON I.A. NO.4275/2010 IN R.F.A. NO.298/2004 DISMISSED 10/01/2011 SD/- A.K.BASHEER, JUDGE SD/- P.Q.BARKATH ALI, JUDGE /TRUE COPY/ P.A. TO JUDGE svs A.K.BASHEER & P.Q.BARKATH ALI, JJ. -------------------------------------------------- R.F.A. No.298 OF 2004 -------------------------------------- Dated this the 10th day of January, 2011. J U D G M E N T A.K.BASHEER. J. When this appeal is taken up for further consideration, it is brought to our notice that respondent No.1 has paid a sum of Rs.22.5 Lakh to the appellant/plaintiff by way of three cheques towards full and final settlement of the entire suit claim. Parties have filed a compromise petition under Rule 3 of order 23 of the Code of Civil Procedure. 2. Having heard a learned counsel for the parties, we are satisfied that the compromise can be recorded. We do so. 3. The appeal is disposed of in terms of the above compromise. The appellant shall be entitled to refund of half court fee paid on the memorandum of appeal. A.K.BASHEER, JUDGE. P.Q.BARKATHALI, JUDGE. dmb