IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 SA.NO. 435 OF 2000(B) -------------------------------- AS.94/1997 OF II ADDL.SUB COURT,KOZHIKODE OS.336/1994 OF PRL.M.C.,KOZHIKODE-II .................... APPELLANT(S) - APPELLANT - PLAINTIFF: -------------------------------------------------- MANIYEDATH PREETHAKUMAR, S/O. KRISHNAN, AGED 41 YEARS, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN SMT.MARY ANNE JOSEPH RESPONDENT(S) - RESPONDENT - PLAINTIFF: ------------------------------------------------------------- THONDAN SANKARAN, AGED 72 YEARS, S/O. KANARAN, KANNANCHERYTHERU, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK (DIED). ADDITIONAL RESPONDENTS IMPLEADED: ------------------------------------------------- 2. K.M. BALAN, S/O.THONDAN SANKARAN, VAYANATTUPADAM HOUSE, P.O. KALLAI, KANNANCHERY, CALICUT - 3. 3. K.M. BHASKARAN, DO. DO. DO. 4. K.M. CHANDRAN, DO. DO. DO. 5. K.M. VIJAYAN, S/O. THONDAN SANKARAN, LAVANYA TEXTILES, P.O. PANTHEERANKAVU, CALICUT. ADDITIONAL RESPONDENTS 2 TO 5 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED FIRST RESPONDENT AS PER ORDER DATED 10.2.2009 (VIDE JUDGMENT) ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE FOR ADDL.R2TO5 SRI.MILLU DANDAPANI FOR ADDL.R2TO5 SRI.M.H.HANIL KUMAR FOR ADDL.R2 TO 5 THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = S.A. No.435 of 2000 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of February, 2009 J U D G M E N T ---------------------- This Second Appeal arises from the judgment and decree of the Second Additional Sub Court, Kozhikode in A.S. No.94 of 1997 confirming the judgment and preliminary decree for redemption of mortgage passed by the Second Additional Munsiff's Court, Kozhikode in O.S. No.336 of 1994. Courts below concurrently found that Ext.A1 is a deed of mortgage as per which the appellant was put in possession of the suit property, rejecting his contention that it is a lease arrangement. 2. When this appeal is taken up for hearing today, learned counsel for the appellant submitted that the right, title and interest of the respondent over the suit property has been purchased by the appellant as per a registered sale deed and that in view of that development, appellant is not intending to pursue this appeal further. Learned counsel for the appellant submitted that the appeal is therefore not pressed. The submission is recorded. Appeal is therefore dismissed as not pressed. No costs. S.A. NO.435 OF 2000 -: 2 :- Civil Miscellaneous Application No.1058 of 2003 shall stand allowed. Civil Miscellaneous Petition No.1178 of 2000 shall stand dismissed. THOMAS P.JOSEPH, JUDGE. vsv S.A. NO.435 OF 2000 -: 2 :- THOMAS P.JOSEPH, J. =================== S.A. NO.435 OF 2001 =================== J U D G M E N T 10TH FEBRUARY, 2009