IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 RSA.No. 837 of 2009() --------------------- AS.10/2006 of SUB COURT, KOYILANDY OS.194/2004 of MUNSIFF COURT, KOYILANDY .................... APPELLANT/APPELLANT/DEFENDANT: ------------------------------------------------- MAKKALI THAZHA AHIJA, AGED 24 YEARS, DAUGHTER OF ASOKAN, AYIKKARA KANDY HOUSE, THIRUVANGOOR AMSOM VENGALAM DESOM, CHEMANCHERY VILLAGE, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S)/RESPONDENT/PLAINTIFF: ----------------------------------- MADAYIL VALSALA, AGED 55 YEARS, DAUGHTER OF KUNHIKANDAN, SWASTHAM, PEEDIKAYIL HOUSE, NADUTHURUTHI, THALAKOLATHUR AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. ADV. SRI.E.NARAYANAN FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- R.S.A.NO.837 OF 2009 & I.A.NO.2722 OF 2010 IN R.S.A.NO.837 OF 2009 ----------------------------------- Dated this the 28th day of October, 2010 J U D G M E N T A joint statement, I.A.No.2722 of 2010 has been filed by the parties duly endorsed by the counsel representing them that they have settled the disputes in terms of the agreement reflected in the statement. The parties in the above statement have requested for setting aside the decree passed in O.S.No.194 of 2004 and for dismissal of that suit. 2. Having regard to the above statement and also submissions made by the counsel for the appellant regarding the agreement entered by the parties as above, the appeal is disposed of ordering that the decree impugned shall stand set aside and the suit O.S.No.194 of 2004 struck off from the file of the Munsiff Court as dismissed. One half of the court fee paid on R.S.A.NO.837/2009 2 the memorandum of appeal is directed to be refunded to the appellant, allowing her counsel to collect the refund as per the rules. S.S.SATHEESACHANDRAN JUDGE prp R.S.A.NO.837/2009 3