IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 20TH NOVEMBER 2007 / 29TH KARTHIKA 1929 RFA.No. 429 of 2005() --------------------- OS.865/1994 of PRL.SUB COURT,TRIVANDRUM .................... APPELLANTS/DEFENDANTS: ---------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, K.S.E.B.(WORLD BANK PROJECT AND TRANSMISSION), VAIYUDTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.N.N.SUGUNAPALAN, SC, KSEB SRI.S.SUJIN RESPONDENTS: PLAINTIFFS ----------------------- 1. UNI CENTRE AGENCIES AND ENGINEERING (PVT) LTD., V.12, 4TH MAIN ROAD, ANNA NAGAR, MADRAS-600 040, REPRESENTED BY ITS PRESIDENT. 2. G.GEORGE, PRESIDENT OF DO.DO. REPRESENTED BY POWER OF ATTORNEY HOLDER FINNEY GEORGE, S.103, 4TH MAIN ROAD, ANNA NAGAR, MADRAS-600 040. THIS REGULAR FIRST APPEAL HAVING COME UP FOR CONSIDERATION ON 20/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- R.F.A.NO.429 OF 2005 -------------------------------- Dated this the 20th day of November, 2007 JUDGMENT Raman, J. It is submitted by the counsel appearing for the appellant that since the matter has already been settled between the parties, fresh steps were not taken to complete the service. The appeal itself is defective for want of service of notice to respondents 1 and 2. However, since the appellant seeks to withdraw this appeal itself as per I.A.No.4304/2007 and considering the above submission, the appeal is dismissed as withdrawn. Half the court fee is directed to be refunded. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.