IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 AS.No. 549 of 1999() -------------------- OS.102/1997 of SUB COURT, PALA .................... APPELLANT IN A.S/DEFENDANT IN SUIT: ----------------------------------------------- VARKERY, SON OF CHACKO, RESIDING AT KIZHAKKE NETTIKATTEL HOUSE, KOTHANALLOOR KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.S.V.BALAKRISHNA IYER SRI.P.B.KRISHNAN RESPONDENT IN A.S/ PLAINTIFF IN SUIT: ------------------------------------------------- JOHN, SON OF JOHN, RESIDING AT VAZHUTHANAPPALLIL HOUSE, KURUPPANTHARAKARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.K.BABU THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.S.549/1999 2 ORDER ON C.M.P.No.4393/1999 IN A.S.NO.549 OF 1999 DISMISSED. 8/1/2008 Sd/- K.PADMANABHAN NAIR, JUDGE TRUE COPY P.A.TO JUDGE K.PADMANABHAN NAIR,J ==================== A.S.No.549 of 1999 ====================== Dated this the 8th day of January, 2008 JUDGMENT When the matter is taken up for hearing, it is submitted by the counsel for the parties that the matter has been settled out of court. They have filed a compromise petition and the same is recorded. In view of the compromise entered into by the parties, the appeal is only to be disposed of in terms of compromise. In the result the appeal is allowed. The decree and judgment passed in the original suit are hereby set aside and the suit is dismissed. One-half of court fee paid on the memorandum of Appeal will be refunded to the appellant. Terms of compromise will form part of the decree. K.PADMANABHAN NAIR, JUDGE dvs