IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 RFA.No. 114 of 2004 ---------------------------- AGAINST THE ORDER DATED 07/01/2004 IN IA 3261/2002 IN OS.417/1981 of I ADDL.SUB COURT, KOZHIKODE .................... APPELLANT (S): RESPONDENT: --------------------------------------------- M/S.MARATT RUBBER LIMITED, REPRESENTED BY ITS CHAIRMAN, T.K.MARATTUKALAM, RAJ BHAVAN ROAD, BANGALORE - 1. BY ADV. SRI.A.P.CHANDRASEKHARAN, SENIOR ADVOCATE SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENT(S): PETITIONER: -------------------------------------------- THE NEDUNGADI BANK LIMITED, CALICUT REP. BY ITS GENERAL MANAGER, SHATABDI BHAVAN, GOVINDAPURAM, KOZHIKODE. BY ADV. SRI.K.P.BALASUBRAMANYAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- R.F.A No.114 of 2004 ----------------------------------------- Dated, this the 25th day of August, 2011 J U D G M E N T K.M.Joseph, J. Appellant has filed I.A.No.2614/2011 seeking permission to withdraw the appeal. Learned counsel for the respondent would point out paragraph 3 of the affidavit in support of the I.A. and submitted that it is not stated whether the appeal has been disposed of by the Supreme Court in the light of the compromise with no further liabilities. That is a matter to be considered with reference to actual terms of the compromise. We see no reason not to permit the appeal to be withdrawn. Accordingly, I.A.No.2614/2011 is allowed and the Regular First Appeal is dismissed as withdrawn. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS