2025:KER:11575 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946 RFA (INDIGENT) NO. 417 OF 2006 AGAINST THE DECREE AND JUDGMENT DATED 27.09.2003 IN O.S. NO.11 OF 2002 ON THE FILES OF THE SUBORDINATE JUDGE’S COURT, PALA APPELLANT/DEFENDANT NO.3: SEBASTIAN JOSEPH, S/O JOSEPH, KORATTIYIL HOUSE, PINNAKKANADU P.O., PINNAKKANADU KARA, KONDOOR VILLAGE, KALAKETTY, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.SUNIL CYRIAC RESPONDENTS/PLAINTIFF AND DEFENDANTS 1 AND 2: 1 UNION BANK OF INDIA KOKKAYAR BRANCH, REPRESENTED BY ITS, BRANCH MANAGER, KOKKAYAR BRANCH, KOKKAYAR P.O., KOOTTICKAL, KOTTAYAM DISTRICT. 2 SUNNY GEORGE, S/O. GEORGE PANTHAPLACKAL HOUSE, CHETTUTHODU P.O., CHETTUTHODU KARA, KONDOOR VILLAGE, KALAKETTY, MEENACHIL TALUK, KOTTAYAM DISTRICT. 3 K.V.JOHNYCHAN, S/O. VARKEY KOCHUPARAMBIL HOUSE, CHETTUTHODU P.O., CHETTUTHODU KARA, KONDOOR VILLAGE, KALAKETTY, MEENACHIL TALUK, KOTTAYAM DISTRICT. R1 BY ADV SRI.A.S.P.KURUP, SC, UBI R2 & R3 BY ADVS. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:11575 R.F.A. No. 417 of 2006 2 JUDGMENT Dated this the 12th day of February, 2025 This regular first appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, challenging the decree and judgment in O.S. No.11 of 2002 dated 27.09.2003 on the files of the Sub Court, Pala. The appellant herein is the 3rd defendant and the respondents are the plaintiff and defendants 1 and 2 in the above suit. 2. When the matter taken up for consideration, the learned counsel for the appellant would submit that, during the pendency of this appeal, the matter has been settled between the parties and the appellant is not intended to proceed further in this matter. Hence, the regular first appeal has practically become infructuous and the same may be dismissed. 3. Recording the submission, the regular first appeal stands dismissed as infructuous. 4. All interlocutory applications pending in this regular first appeal stand dismissed. 2025:KER:11575 R.F.A. No. 417 of 2006 3 5. Since the appeal has been filed as C.M.C.P. and this Court allowed the appellant to proceed with the appeal without paying court fee as an indigent person, he is bound to pay court fee in view of dismissal of the appeal. Therefore, Registry is directed to take necessary steps in this regard. The appellant/3rd defendant is directed to pay court fee of Rs.52,690/- (Rupees Fifty Two Thousand Six Hundred and Ninety only), within a period of one month from today and on failure, Registry is directed to forward a copy of the decree to the District Collector concerned to realise the same from the defendant, as per law, without fail, at any rate, within a period of two weeks, on completion of one month period to pay the court fee with specific direction to the District Collector to realise the court fee, within three months from the date of receipt of a copy of the decree. Sd/- A. BADHARUDEEN SK JUDGE