IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 RFA.No. 578 of 2006() ------------------------------- OS.52/2001 of SUB COURT, OTTAPPALAM .................... APPELLANTS/DEFENDANTS ----------------------------------------- 1. ALI, S/O.PARAKKEL KHADER, MARUTHOOR AMSOM DESOM, OTTAPALAM TALUK. 2. PATHUMMA, W/O.PARAKKEL KHADER, MARUTHOOR AMSOM DESOM, OTTAPALAM TALUK. BY SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE RESPONDENT/PLAINTIFF -------------------------------------- HAMZA, S/O.NANTHYARATHIL ABOO, MARUTHOOR AMSOM DESOM, OTTAPALAM TALUK- BY MUKTHYAR MUHAMMED, S/O.KALATHIL MOIDUTTY, MELE PATTAMBI, NETHIRIMANGALAM AMSOM DESOM, OTTAPALAM TALUK. BY ADV. SRI.T.SETHUMADHAVAN, SRI.K.JAYESH MOHANKUMAR. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs K.M.JOSEPH & A.M.SHAFFIQUE, JJ. ============================ R.F.A. No. 578 of 2006 and I.A.3683 of 2011 ============================ Dated this the 22 nd day of November, 2011 J U D G M E N T Joseph, J. Though we had issued notice to the additional respondents, service is not complete. Since it is the case of the parties that the amount due to the bank has been paid and the bank has given back the documents of title in respect of which mortgage was created, we feel that we can dispose of the matter without notice being served on the 2nd respondent. We take on record the compromise and we dispose of the appeal in terms of the compromise in I.A.No.3683/2011 which will form part of the decree. The appellants are entitled to refund of one-half of the court fee. K.M.JOSEPH, JUDGE A.M.SHAFFIQUE, JUDGE rka