IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 RSA.No. 1209 of 2006() ---------------------- AS.43/2006 of II ADDL.SUB COURT,KOZHIKODE OS.358/2003 of ADDL.M.C.,KOZHIKODE-I .................... APPELLANTS ------------------------------ 1. C.P.FATHIMA, AGED 70 YEARS, W/O.DR.ABUBACKER, NAGARAM AMSOM DESOM, KOZHIKODE TALUK. 2. DR.C.P.ABDURAHIMAN, 50 YEARS, S/O.DR.ABUBACKER, NAGARAM AMSOM DESOM, KOZHIKODE TALUK. 3. DR.C.P.MUSTHAFA, 48 YEARS, S/O.DR.ABUBACKER, NAGARAM AMSOM DESOM, KOZHIKODE TALUK. 4. C.P.LAILA, AGED 46 YEARS, D/O.DR.ABUBACKER, NAGARAM AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S): --------------- 1. KUNNOTH FIRDOUS, 31 YEARS, S/O.KUNNOTH MOIDU HAJEE, VILLIAPALLY AMSOM, THIRUMANA DESOM, VATAKARA TALUK. 2 2. FAIZAL, 27 YEARS, S/O.KUNNOTH MOIDU HAJEE, VILLIAPALLY AMSOM, THIRUMANA DESOM, VATAKARA TALUK. 3. ABDUL AKBAR, 22 YEARS, S/O.KUNNOTH MOIDU HAJEE, VILLIAPALLY AMSOM, THIRUMANA DESOM, VATAKARA TALUK. 4. DR.C.P.AHAMMAD BASHEER, 52 YEARS, S/O.DR.ABUBACKER, NAGARAM AMSOM DESOM, KOZHIKODE TALUK. 5. C.P.AMINA, AGED 46 YEARS, D/O.DR.ABUBACKER, NAGARAM AMSOM DESOM, KOZHIKODE TALUK. ADV. SRI.K.RAMACHANDRAN FOR R1 TO 3 SMT.R.MEERA FOR R1 TO 3 SRI.T.KRISHNAN UNNI (SR.) FOR R4 THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = R.S.A.No.1209 of 2006 = = = = = = = = = = = = = = Dated this the 3 rd day of December, 2008 JUDGMENT When this second appeal came up for hearing today, both sides admitted that the matter has been settled out of court between the parties and that the appellants are not pressing the appeal. It was also submitted that the amounts deposited by the plaintiffs before the trial court shall be permitted to be withdrawn by the appellants. Accordingly, this Second appeal is dismissed as not pressed, permitting the appellants to withdraw the amounts, if any, deposited by the plaintiffs before the trial court. Dated this the 3 rd day of December, 2008. V. RAMKUMAR, JUDGE sj