IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 RSA.No. 209 of 2008() --------------------- AS.112/2001 of II ADDL. DISTRICT COURT, KOLLAM OS.166/1996 of MUN-MAGI COURT, PARAVOOR .................... : APPELLANT/APPELLANT/DEFENDANT ------------------------------------------ ANIRUDHAN, PALLIMANACAUD, VAKKOM, KADAKKAVUR, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. (DOINT BUSINESS AS 'VARKALA GLASS HOUSE IN PARIPALLY) BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT:RESPONDENT/ PLAINTIFF -------------------------------------------- K.R.CHELLAPPAN,S/O.KUNJURAMAN,AGED 74 SHYAM BHAVAN, ELAMKULAM, KOTTACKERATHU CHERRY PARIPPALLY. BY SRI.VENUGOPALAN NAIR (COUNSEL FOR CAVEATOR) THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.531/2008 IN R.S.A.NO.209/2008 7.3.08 DISMISSED SD/-M.SASIDHARAN NAMBIAR JUDGE /TRUE COPY/ P.S. TO JUDGE M.SASIDHARAN NAMBIAR,J. =========================== R.S.A. NO.209 OF 2008 =========================== Dated this the 7th day of March, 2008 JUDGMENT Learned counsel appearing for the appellant submitted that subsequent to the decree confirmed by the first appellate court respondent decree holder had already taken delivery of the property and in view of the said development the appeal may be dismissed as withdrawn with liberty to claim back the security amount. Appeal is dismissed as withdrawn. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006