IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 AS.No. 224 of 1999(A) & CROSS OBJECTION NO.33/2006 --------------------- OS.618/1994 of ADDL.SUB COURT,PARAVUR .................... APPELLANT: ----------- INDIAN OVERSEAS BANK, PERUMBAVOOR BRANCH, REPRESENTED BY ITS MANAGER. BY ADV. SRI.GEORGE VARGHESE RESPONDENTS: ------------- 1. DANIEL KURIVILA, S/O.DANIEL, SRAMPICKAL, PUTHENPURAYIL HOUSE, KODANADU KARA, ALATTUCHIRA P.O., (VIA) PERUMBAVOOR. 2. RAMANI KURUVILA, W/O.DANIEL KURIVILA, SRAMPICKAL, PUTHENPURAYIL HOUSE, KODANADU, ALATTUCHIRA P.O. BY ADV.V.RAJENDRAN PERUMBAVOOR THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 17/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - A.S.No.224 /1999 & C.M.Appl.No.457/2006 & Cross Objection No.33/2006 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2008. JUDGMENT Raman, J. During the pendency of the appeal, the parties have compromised the matter and settled out of court. Accordingly, I.A.No.2272/2008 signed by the parties and their counsel, has been filed. We record the compromise. 2. Accordingly, the appeal is dismissed as there is no lis pending between the parties. It is prayed that one half of the court fee paid on the memorandum of appeal may be refunded. One half of the court fee will be refunded to the appellant. 3. C.M. Appl. No.457/2006 is filed for condoning the delay of 2465 days in filing the Cross Objection. Since the matter is compromised between the parties, learned counsel prays that the delay petition may be dismissed as not pressed. Accordingly, the delay petition is dismissed. Consequently, the Cross Objection is also dismissed. In view of the dismissal of the petition for condonation of delay and the consequential dismissal of the Cross Objection, two third of the court AS 224/99 & C.O.33/2006 -2- fee paid on the memorandum of Cross Objection will be refunded to the petitioners in the Cross Objection. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ AS 224/99 & C.O.33/2006 -3- P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - A.S.No.224/1999 & C.O.33/2006 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 17th June, 2008.