IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 AS.No. 446 of 1997() -------------------- OS.708/1992 of II ADDL.SUB COURT,ERNAKULAM .................... APPELLANTS/ DEFENDANTS 1 & 2:: --------------------------------------- 1. GIJO V. KURIAKOSE, PROPRIETOR, M/S.F.M.ASSOCIATES, STOCKS SHARE BROKER, MEMBER COCHIN STOCK EXCHANGE, 40/7119-J, 1ST FLOOR, CHIDAMBARAM CHAMBERS, DORAISWAMY ROAD, KOCHI-35, NOW RESIDING AT VALATH HOUSE, KADAYIRUPPU.P.O., KOLENCHERRY. 2. M/S.F.M.ASSOCIATES BY ITS PROPRIETOR GIJ O V. KURIAKOSE, STOCKS AND SHARE BROKER NO.108, 1ST FLOOR, COCHIN STOCK EXCHANGE LTD. 38/1431, KALOOR ROAD, KOCHI-35. BY ADV. SRI.T.V.ANANTHAN SRI.MADHU N.NAMBOOTHIRIPAD SRI.C.D.JOSE RESPONDENTS/PLAINTIFF & THIRD RESPONDENT: ------------------------------------------------------ 1. S.JAYAPRAKASAN, SON OF LATE SANKU, J.J.COTTAGE MITHIRMALA, KOLLARA VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER K.SANTHOSH, SON OF K.A.DIVAKARAN, KANNIMOLATH HOUSE, RESIDING AT WEST VENGOLA, KUNNATHUNADU TALUK, VENGOLA VILLAGE, ERNAKULAM DISTRICT. 2. M/S.BABY PAUL & CO. BY ITS PROPRIETOR BABY PAUL, STOCK AND SHARE BROKER (MEMBER, COCHIN STOCK EXCHANGE LTD.) NO.108, 1ST FLOOR, COCHIN STOCK EXCHANGE LTD., KOCHI-35. (DELETED) RESPONDENT NO.2 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF APPELLANT VIDE ORDER DT. 17/7/2009. ADV. SRI.V.V.SIDHARTHAN SRI.T.SAJI THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A. K. Basheer & P. S. Gopinathan, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A.S. No. 446 of 1997-E - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2009. Judgment Basheer, J: Learned counsel for the appellants submits that since the decretal amount has already been paid to the respondent and thus the decree having been satisfied, the appellants do not intend to pursue the appeal any further as it has become infructuous. The statement filed by the appellants in this regard is taken on record. The appeal is dismissed as infructuous. A.K. Basheer Judge P. S. Gopinathan Judge an.