IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 RFA.No. 486 of 2009() --------------------- OS.120/2008 of SUB COURT, PERUMBAVOOR .................... APPELLANT: -------------------- SURESH BABU, S/O. KRISHNAN NAIR, AGED 40 YEARS, AMBATTU HOUSE, PUTHIYAKAVU KARA, NADAMA VILLAGE, ERNAKULAM DIST. BY ADV. SRI.P.C.SASIDHARAN SRI.O.V.MANIPRASAD RESPONDENTS: --------------- 1. SUNIL, S/O. A.J. SUNNY, CHEERAKATHIL HOUSE, RAYAMANGALAM KARA RAYAMANGALAM VILLAGE, ERNAKULAM DIST. 2. MRINALINI @ MAYA, D/O.BHARGAVI AMMA, PADINJARE MUNDETH RESIDING AT 'OM NARAYANI', CHENDAMANGALAM KARA,CHENDAMANGALAM VILLAGE, ERNAKULAM DIST. ADV. SRI.P.SATHISAN FOR R1 SRI.PHILIP T.VARGHESE FOR R2 SRI.N.SASI FOR R2 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31/03 /2010 , THE COURT ON 31/03/2010 PASSED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------------------------------ R.F.A.NO. 486 OF 2009 -------------------------------- Dated this the 31st day of March, 2010. J U D G M E N T Pius C.Kuriakose,J Learned counsel for the petitioner submits that the appeal has become infructuous and that the issues are settled between the parties and a joint compromise petition is filed. We went through the compromise petition, we do not find anything unlawful about it. We record the compromise and dispose of the appeal in terms of the compromise. The plaint claim is recorded as fully satisfied. Second respondent is permitted to withdraw the sum of Rs.1,00,000/- under deposit before the Subordinate Judge's Court, Perumbavoor in O.S.No.120/2008, pursuant to this court's order dated, 14.10.2009. Refund one half of the Court Fee paid on the appeal to the appellant. PIUS C. KURIAKOSE ,JUDGE. C.K.ABDUL REHIM, JUDGE. pm