IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 AS.No. 420 of 1994() -------------------- OS.6/1990 of III ADDITIONAL .SUB COURT, KOZHIKODE .................... APPELLANT/DEFENDANT: ----------- SREE BHAGAVATHY DHARMA PARIPALANA ARAYA SAMAJAM, PUTHIYAPPA, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.K.P.DANDAPANI(SR) SMT. SUMATHI DANDAPANI RESPONDENT/PLAINTIFF: ------------- P.P. SOMAN, S/O. PADAPURATH RARICHAN, KASBA AMSOM DESOM, KOZHIKODE. BY ADV. SRI.M.C.SEN THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN C.M.P. NO. 2555 OF 1994 IN A.S. NO. 420 OF 1004. DISMISSED 11.8.2008 Sd/-(KURIAN JOSEPH, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- A.S. NO. 420 OF 1994 ---------------------------------------------------------------- Dated this the 11th day of August, 2008 JUDGMENT Kurian Joseph, J. This appeal is filed against the judgment and decree in O.S. No.6 of 1990 on the file of the III Additional Sub Court, Kozhikode. The suit was one filed for damages. The suit was decreed in favour of the plaintiff and hence this appeal by the respondent. 2. When the appeal came up for hearing, we realised in the process of hearing that instead of attempting for a legal solution, the disputes can be settled amicably. Accordingly, we directed the parties to appear before us. The parties appeared and certain suggestions were put to them. It is heartening to note that the parties have decided to purchase peace by settling the entire dispute amicably. As part of the settlement, the appellant has agreed to pay Rs.30,000/- in full and final settlement of the entire claims made by the respondent. The entire amount has been paid also. Thus, the matter is compromised between the parties. A.S. NO.420/1994 2 3. The suit was filed as in forma pauperis. In view of the compromise as above, the appellant is entitled to refund of one half of the court fee and the liability of the respondent/plaintiff is only one half of the court fee payable in the suit. We also make it clear that since the disputes between the parties have been settled, the appellant is free to revoke the bank guarantee already furnished towards security for the claim amount. The appeal is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ KURIAN JOSEPH & HAURN-UL-RASHID, JJ. A.S. NO. 420 OF 1994 JUDGMENT 11th August, 2008