IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 AS.No. 204 of 1998(A) --------------------- OS.177/1993 of SUB COURT, OTTAPPALAM .................... APPELLANT(S)/DEFENDANT -------------- SAINABA UMMA D/O THAIKKADAN KUNHAYAMMU RESIDING AT THAIKKADAN VEEDU ARAKURUSSI AMSOM AND DESOM IN MANNARKKAD TALUK BY ADV. SRI.A.P.CHANDRASEKHARAN (SR.) SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR(MOHANKUMAR ASSOCIATES RESPONDENT(S)/PLAINTIFF --------------- HAMZA, S/O KURIYAKKAN MUHAMMED RESIDING AT ARAKURUSSI AMSOM AND DESOM IN MANNARKKAD TALUK BY MUKTHIAR AGENT MUHAMMED S/O KUNHAYAMMU, RESIDING AT KAITHACHIRAYIL PULIYAMPADAM ARAKURUSSI AMSOM AND DESOM IN MANNARKKAD TALUK ADV. SRI.R.RAJESH KORMATH SRI.C.RAMAN SRI.KODOTH PUSHPARAJAN SMT.PREETHY KARUNAKARAN SMT.MEENA.A. SMT.M.R.MINI SMT.SANJANA R.NAIR SRI.JAYKAR.K.S. SRI.RAHUL VARMA SRI.V.S.ROBIN THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.1542/1998 IN A.S.NO.204/1998 DISMISSED 4-11-2008 Sd/-, PIUS.C.KURIAKOSE, JUDGE /True Copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - I.A.NO.4633/08 &A.S.NO.204/98 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November , 2008 JUDGMENT I.A.No. 4633/08 is an application filed by the respondent in the appeal who was the plaintiff in the suit which was for specific performance of an agreement for sale. The suit was decreed and the appeal is preferred by the defendant being aggrieved by the above decree. Annexure A1 produced along with the I.A. is true copy of the document of sale executed by the appellant in favour of the respondent. In view of Annexure A1 it can be found that no issue survives between the parties. Annexure A1 is recorded and the appeal is found to have become infructuous. Appeal is dismissed on that reason. Since the decision in the appeal is without holding any enquiry and is virtually on the basis of the consent as evident from Annexure A1, there will be an order directing refund of one half of the court fee paid on the appeal memo to the counsel for the appellant. Issue photocopy to both sides. PIUS.C.KURIAKOSE JUDGE sv.