P.B.Suresh Kumar, J. This appeal is preferred against the order in I.A.No.94 of 2009 in O.S.No.1 of 2008 on the file of the Additional Sub Court, Thalassery. The defendant in the suit is the appellant.
2. O.S.No.1 of 2008 is a suit instituted by the respondent for realisation of money from the appellant. The suit was decreed ex parte against the appellant. I.A.No.94 of 2009 was filed by the appellant seeking an order to set aside the ex parte decree, and the said application was dismissed as per the order impugned in this appeal.
3. In this appeal, the parties were referred for mediation and it is reported that the matter has been settled by recourse to mediation. The terms of settlement F.A.O.No.309 of 2009 2 forwarded to this court by the mediator indicate that even the amounts payable by the appellant to the respondent as per the terms of the settlement have been paid.
4. In the aforesaid circumstances, the impugned order is set aside and the appeal is disposed of in terms of the settlement arrived at between the parties in the mediation. A copy of the memorandum of settlement shall be appended to this judgment and the original shall be preserved. A copy of this judgment shall also be communicated to the court below for incorporation in the records of O.S.No.1 of 2008.
Sd/- P.N.RAVINDRAN, JUDGE.
Sd/- P.B.SURESH KUMAR, JUDGE.
tgs (true copy)