IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 RFA.No. 472 of 2003() --------------------- OS.122/1999 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANTS/DEFENDANTS: ---------------------- 1. V.A. MUHAMMAD, VELLAPPALLY HOUSE, VADAVATHOOR KARA, VIJAYAPURAM VILLAGE, KOTTAYAM. 2. PATHUMMA BEEVI, VELLAPPALLY HOUSE, VADAVATHOOR KARA, VIJAYAPURAM VILLAGE, KOTTAYAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU RESPONDENTS: PLAINTIFFS: ------------------------ 1. THOMAS MATHAI (DIED) KAYYALATHU HOUSE, VADAVATHOOR KARA, VIJAYAPURAM VILLAGE, KOTTAYAM. 2. SALI THOMAS, W/O. LATE THOMAS MATHAI KAYYALATHU HOUSE, VADAVATHOOR KARA, VIJAYAPURAM VILLAGE. 3. BABY THOMAS, D/O. LATE THOMAS MATHAI, OF DO. DO. 4. ROBY K. THOMAS, S/O. LATE THOMAS MATHAI, OF DO. DO. BY ADV. SRI.PHILIP T.VARGHESE SRI.ANIL NAMBOODIRI THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.2685/03 & 168/08 IN RFA. NO.482/03 ------- Dismissed Sd/- P.R.RAMAN, JUDGE. 14/1/2008 Sd/- V.K.MOHANAN, JUDGE. P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- R.F.A.NO.472 OF 2003 -------------------------------- Dated this the 14th day of January, 2008 JUDGMENT Raman, J. This appeal is filed at the instance of the defendants. Suit is one for recovery of money based on an agreement for sale of the property. Eventually the decree was passed declaring that the plaintiff is entitled to get Rs.5,50,000/- with interest at 6% per annum from 24/2/1999 till realisation and the plaint schedule property was also charged. It is against the said judgment and decree that the defendants have preferred this appeal. During the pendency of the suit the property was under attachment before judgment and that continues. 2. When the matter came up for consideration today, it is submitted by the learned counsel, Sri K. Gopalakrishna Kurup, appearing on behalf of the appellants that the appellants have paid the entire amount as decreed by the court below way of demand draft in favour of the 2nd respondent through counsel. Learned counsel appearing for the respondents submits that he has received the demand draft of an amount of Rs.8 lakhs, the full and final settlement of the -2- R.F.A.No.472/2003 amount as decreed by the court below. 3. In view of the fact that the amount has been paid by the appellants, the decree is recorded as satisfied. The attachment before judgment passed in O.S.No.122/99 is vacated. Appeal is disposed of accordingly. If the entire court fee is paid, there will be a direction to refund half the court fee. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.