IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 RFA.No. 116 of 2006() --------------------- OS.392/2003 of II ADDL.SUB COURT,KOZHIKODE .................... APPELLANT/PLAINTIFF: ----------------------------- M/S.WEIZMANN HOMES LTD., CALICUT BRANCH, 3RD FLOOR, SREE GANESH ARCADE, WEST NADAKKAVU, CALICUT-11,KADERI AMSOM AND DESOM, KOZHIKODE TALUK REP.BY ITS AUTHORISED OFFICER, MR.SABIN GEORGE, M/S.WEIZMANN HOMES LTD., 3RD FLOOR, LAXMI CHAMBERS M.G.ROAD, ERNAKULAM. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SMT.THANKOM.G RESPONDENTS/DEFENDANTS: --------------- 1. K.SATHEE DEVI, AGED 59, W/O.BHASKARAN, KARUTHEDATH HOUSE, FLORICAN ROAD, MALAPARAMBA P.O., CALICUT-673 009, VENGERI AMSOM & DESOM, KOZHIKODE TALUK. 2. BHASKARAN.K.A., AGED 69, S/O.AYYAPPANKUTTY, KARUTHEDATH HOUSE, FLORICAN ROAD, MALAPARAMBA P.O., CALICUT-673 009, VENGERI AMSOM & DESOM, KOZHIKODE TALUK. 3. MR.HARISH.K.B., AGED 34, S/O.BHASKARAN, DO. 4. SURESH KUMAR, AGED 40, FATHER'S NAME NOT KNOWN APSARA, KARAPARAMBA, CALICUT-673 010, KACHERI AMSOM & DESOM, KOZHIKODE TALUK. ADV. SRI.P.M.MOHAMED ALI FOR R1TOR3 SRI.AYPE JOSEPH FOR R1TOR3 SRI.N.P.SAMUEL FOR R1 TO R3 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. ----------------------------------------- R.F.A.No.116 of 2006 ----------------------------------------- Dated this the 9th day of January, 2009 JUDGMENT Kurian Joseph,J. Learned counsel appearing on both sides submit that the disputes have been settled between the parties out of court and hence the appeal can be dismissed as settled between the parties. Therefore, the appeal is dismissed as settled between the parties. In view of the settlement as above, the appellants are entitled to refund of half of the court fee. (KURIAN JOSEPH, JUDGE) (C.K.ABDUL REHIM, JUDGE) ahg. KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. --------------------------- R.F.A.No.116 of 2006 ---------------------------- JUDGMENT 9th January, 2009