IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 FAO.No. 134 of 2009() --------------------- OS.49/2000 of PRINCIPAL SUB COURT,KOLLAM .................... APPELLANTS/2ND PETITIONER/2ND DEFENDANT: ----------------------------------------------------- RAJENDRAN, S/O. KRISHNA PILLAI, RESIDING AT NJARUKKATTU KIZHAKKATHIL, KANNIMEL CHERRY, SAKTHIKULANGARA, KOLLAM. BY ADV. MR. VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): COUNTER PETITIONER/1ST PETITIONER ------------------------------------------------ 1. SANTHOSH, S/O. HARI DAS, RESIDING AT KILATHENGIL VEEDU, THEKKEVILA, PUTHEN NADA, KOLLAM. 2. UNNIKRISHNA PILLAI, S/O. GOPINATHA PILLAI, RESIDING AT KELATTU VADAKKATHIL, KANNIMEL CHERRY, SAKTHIKULANGARA, KOLLAM. 3. G.ROBERT, S/O. SRI. GEORGE, RESIDING AT SREE SYLAM, PATTATHANAM EAST, VADAKKEVILA VILLAGE, KOLLAM. ADV. MR. C.RAJENDRAN FOR R3 THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- F.A.O. No.134 of 2009 ---------------------------------- Dated this the 15th day of February, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. Under challenge in this F.A.O. is an order passed by the Subordinate Judge, Kollam dismissing an application filed by the second defendant for setting aside the exparte decree. It is submitted by Mr.Vinoy Varghese Kallummoottil, learned counsel for appellant and Mr. C. Rajendran, learned counsel for respondent that subsequent to the filing of this appeal all the issues between the parties have been settled between them. Both sides request that the impugned order be set aside and that the exparte decree passed in O.S.49/2000 be set aside. This is necessary according to them so that compromise petition can be filed and one half of the court fee remitted can be refunded to the plaintiff. Accepting the submissions made by both parties we set aside the order under appeal without examining the merits and allow I.A.2915/2005. It is made clear that it is for the FAO.134/2009 2 purpose of facilitating the recording of compromise that we are passing the present order. FAO is disposed of as above. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb