IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND MARCH 2007 / 11TH PHALGUNA 1928 AS.No. 86 of 2002() OS.259/1998 OF SUBORDINATE JUDGE'S COURT, KOZHIKODE APPELLANT: DEFENDANT: BHAGAVATHI KAVIL B.K. MOHANAN, S/O. VASU, BUSINESS, 36/1004, VINEETH, KACHERI VILLAGE, KACHERI DESOM OF KOZHIKODE TALUK. (DIED – LRS. IMPLEADED) ADDL.2. P.P.SANTHA, W/O.B.K.MOHANAN, KOLLANARAMBATH HOUSE, P.O.VENGERI, CALICUT – 10. “ 3. B.K.VINEETH (MINOR) BY GUARDIAN P.O.SANTHA, -DO- -DO- LEGAL HEIRS OF THE DECEASED SOLE APPELLANT ARE IMPLEADED AS ADDITIONAL APPELLANTS 2 AND 3 AS PER ORDER IN I.A.NO.1632 OF 2005, DATED 7.6.2005. BY ADV. SRI.A.P.CHANDRASEKHARAN SRI.T.SETHUMADHAVAN RESPONDENT:PLAINTIFF: SREE GANESH BANKERS, PUTHIYANGADI AMSOM, EDAKKADE DESOM OF KOZHIKODE TALUK. BY ADVS.M/S. M C SEN, M.P.SREEKRISHNAN AND SHAHNA KARTHIKEYAN THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 02/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CMP.NO.2593/2001 IN CMC.NO.28/2001 IN AS.NO.86/2002 DISMISSED SD/- KURIAN JOSEPH, JUDGE 2/3/2007 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// ahz/ KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------ A.S. NO. 86 OF 2002 ------------------------------------ Dated this the 2nd day of March, 2007 JUDGMENT Kurian Joseph, J. It is submitted that the dispute has been settled between the parties. A memo to that effect, dated 26.2.2007, has been filed by the counsel for the appellant. The memo is recorded and the appeal is dismissed as settled out of court. The appellant was permitted to file this appeal in forma pauperis. Since the appeal is dismissed as settled out of court, it is made clear that the liability of the appellant is only to pay one-half of the court fee. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/ KURIAN JOSEPH& K.T.SANKARAN, JJ. ------------------------ ------------------------ A.S.NO. 86 OF 2002 JUDGMENT 2nd March, 2007 ------------------------