IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 AS.No. 727 of 1994() ---------------------------- OS.453/1987 of .SUB COURT,THRISSUR .................... APPELLANT/DEFENDANT: ------------------------------------- AMBIKADEVI, W/O.PUTHANPARAMBIL RAJAMANI, NATTIKA AMSOM, THRIPRAYAR DESOM, CHOWGHAT TALUK. BY ADV. MR.P.V.CHANDRA MOHAN RESPONDENT/PLAINTIFF: ------------------------------------- SALIL, S/O.VALATH SANKARA NARAYANAN ALIAS NARAYANAN, THALIKULAM AMSOM, CHOWGHAT TALUK, P.O.THALIKULAM, TRICHUR DISTRICT. BY ADV. MR.N.D.PREMACHANDRAN. THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. K. SURENDRA MOHAN, J. ------------------------------------------------------------ A.S. NO: 727 OF 1994 ----------------------------------------------------------- Dated this the 16th July, 2009. JUDGMENT This appeal arises out of a suit for specific performance of an agreement for sale of immovable property. After trial, the Court below has granted a decree for specific performance of Ext.A1 agreement. This appeal is filed by the defendant in the suit challenging the said judgment and decree of the court below. 2. During the pendency of the above appeal, the parties have settled their disputes out of court and a joint petition I.A.2350/2009 has been filed for recording the compromise. Accordingly, it is recorded that the disputes in the above appeal have been settled among the parties, out of Court and that the respondent/plaintiff has been sufficiently contested. Accordingly, the judgment and decree of the court below are set aside and suit O.S.453/1987 filed by the respondent before the Sub Court, Thrissur is dismissed as settled out of Court. Since the appeal has been settled out of court, the appellant shall be entitled to refund A.S.727/1994 2 of half the court fee paid in the appeal. Appeal is disposed of as above. K. SURENDRA MOHAN Judge jj A.S.727/1994 3 K. SURENDRA MOHAN, J. ------------------------------ A.S.NO: 727 OF 1994-B ------------------------------ JUDGMENT Dated: 16th July, 2009.