IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 AS.No. 754 of 1994() -------------------- APPELLANTS: DEFENDANTS: ----------- 1. ABDUL KHADER, S/O. ABDUL RAHMAN RAWTHER, 2. SAFIA UMMA, W/O. ABDUL KHADER APPELLANTS ARE RESIDING AT PUTHANNOOR PADAMKALAM, VATTEKKAD AMSOM AND DESOM, CHITTUR TALUK, PALAKKAD. BY ADV. SRI.D.KRISHNA PRASAD RESPONDENT: PLAINTIFF: ------------- MOOMINA BEEGUM, D/O. ISMAIL ROWTHER, RESIDING AT KUTTADAM PADAMKALAM, VADAVANNOOR AMSOM AND DESOM, PALAKKAD TALUK. BY ADV. SRI.K.A.ABDUL SALAM THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON 06/08/2008 DELIVERED THE FOLLOWING: C.M.P. NO.4615/94 DISMISSED. 6/8/2008 SD/- P.R. RAMAN, JUDGE. SD/- T.R. RAMACHANDRAN NAIR, JUDGE. // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - A.S. No.754/1994 & I.A.No.3257/2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2008. JUDGMENT Raman, J. I.A. No.3257/2008 is a joint petition filed by the appellants and respondent along with their counsel stating that the matter has been settled out of court and prays that the decree in O.S.No.447/1990 be set aside and the suit be dismissed as withdrawn. There is also a prayer for dismissal of the appeal as settled out of court and a further request for refund of half of the court fee. When a prayer to set aside the decree in the suit is sought for, question of dismissing the appeal does not arise. 2. In the circumstances, the above joint compromise petition is recorded and accordingly, the decree in O.S.No.447/1990 of the Sub Court, Palakkad is set aside and the suit is dismissed as withdrawn. The appeal is accordingly disposed of. Half the court fee paid on the memorandum of appeal, be refunded to the appellants. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ -2- P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - I.A.No.3257/08 & A.S.No.754/94 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 6th August, 2008.