IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 RFA.No. 305 of 2008() ------------------------------- OS.129/2006 of SUB COURT, PALA .................... APPELLANT/PLAINTIFF ----------------------------------- RONI JACOB, AGED 34 YEARS, S/O.CHACKO, THOPPIL HOUSE, PANDATHALA KARA, MEENACHIL VILLAGE, MEENACHIL TALUK. BY ADV. SRI.P.JACOB VARGHESE (SR) SRI.VIVEK VARGHESE P.J. SMT.ELIZEBETH MEERA SRI.P.J.VINOD JOSEPH RESPONDENT(S): DEFENDANTS ----------------------------------------------- 1. M/S.C.CON MARKETIERS, P.P.ROAD, PALA, A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER MR.BIJU SEBASTIAN, AGED 38 YEARS, S/O.SEBASTIAN, NJARACKAL HOUSE, ELIKULAM KARA, ELIKULAM VILLAGE, KANJIRAPPALLY TALUK. 2. BIJU SEBASTIAN, AGED 38 YEARS, S/O.SEBASTIAN, NJARACKAL HOUSE, ELIKULAM KARA, ELIKULAM VILLAGE, KANJIRAPPALLY TALUK. R2 BY ADVS. SRI.BIJU ABRAHAM, SRI.R.RATHEESH. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = R.F.A.No.305 of 2008-A & I.A.4640 of 2010 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of January, 2011. Judgment Thottathil B.Radhakrishnan, J. The compromise in terms of the captioned interlocutory application is recorded. The dismissal of the suit by the trial court is set aside and a decree is passed in terms of the compromise, however without prejudice to the right of the State to realise dues, if any, including towards KGST, CST etc. in accordance with law. The appellant is eligible to refund of one half of the court fee paid. It is so ordered. The appeal is ordered accordingly. Thottathil B.Radhakrishnan,Judge. P.S.Gopinathan,Judge. Sha/0701