(1.) HEARD the counsel for the appellant and also the appellant Sri.Mathukutty Ninan, and respondent Sri. K.V.Sebastian who are present in person. The parties have settled the matter by the appellant paying an additional amount of Rs.75,000/-. He has issued a cheque number '989946' drawn on the Canara Bank, Trivandrum dated 19.5.2007 and handed over the same to the respondent. It is agreed that in the event of the cheque being dishonoured on presentation, the appeal will stand dismissed and the decree of the lower court will stand confirmed. If the cheque is honoured and the amount is paid, the appeal will stand dismissed as settled. Half court fee will be refunded to the counsel for the appellant. The appeal is settled as above.