IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 AS.No. 801 of 1994() -------------------- OS.122/1992 of ADDL.SUB COURT, ALAPPUZHA .................... APPELLANT/PLAINTIFF: ----------- M.K.OMANAKUTTAN NAIR, FAIRFEEL AGENCIES, THAKAZHY, ALLEPPEY DISTRICT, THROUGH HIS POWER OF ATTORNEY HOLDER RADHAKRISHNA PILLAI, PADINJARAEMUTTASSERY, PADAHARAM, THAKAZHY. BY ADV. SMT.BINDU.C.G. RESPONDENT/DEFENDANT: ------------- TOMY VARGHEESE, TOM ENTERPRISES, COLD STORAGE, PICTHU IYYER JUNCTION, ALLEPPEY. BY ADV. SRI.SREELAL N.WARRIAR,MATHEW JOHN SRI.SUNIL S.RAJ THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- A.S.No.801 of 1994 ------------------------------------------------- Dated, this the 15th day of January, 2008 JUDGMENT When the matter is taken up for curing the defects, the learned counsel for the appellant submits that the matter is settled out of court and the appellant is not interested to prosecute the appeal. In the result, the appeal is dismissed as settled out of court. K. PADMANABHAN NAIR, JUDGE. cks 2 K.PADMANABHAN NAIR, J. A.S.No.801 of 1994 JUDGMENT 15th January, 2008.