IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 RFA.No. 584 of 2006() --------------------- (AGAINST THE JUDGMENT AND DECREE IN O.S.NO.68/2005 DATED 31.10.2006 OF THE SUB COURT, VATAKARA.) APPELLANT/PLAINTIFF -------------------------- NEDIYAPOYIL MOIDU, S/O.ALI, AGED ABOUT 58 YEARS, RESIDING AT KUTTIADI AMSOM, THONDIPOYIL DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): DEFENDANTS ------------------- 1. MATHANATHU SARA, D/O.KUNHAHAMMED, AGED 36 YEARS, RESIDING AT KUTTIADI AMSOM, OOROTHU DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT, P/A.HOLDER OF HER HUSAND, 2ND DEFENDANT CHERUVOTTU MEETHAL MUHAMMED. 2. CHERUVOTTUMEETHAL MUHAMMED, S/O.KUNHAVULLA, AGED 39 YEARS, KUTTIADI AMSOM, OOROTHU DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. ADV. SRI.B.KRISHNAMANI FOR R1 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- R.F.A.No.584 of 2006 ------------------------------- Dated this the 7th April, 2009 J U D G M E N T Raman, J. The learned counsel appearing for the appellant submitted that the matter has been settled out of court, and as such, it is not necessary to prosecute the appeal. It is submitted that a memo has also been filed stating that the matter has been settled out of court. The memo is recorded. In such circumstances, the appeal is dismissed as settled out of Court. Half of the court fee be refunded to the appellant. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.