Paramu Vijayan vs Lakshmi Kamalakshi on 4 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RSA.No. 1340 of 2004()


1. PARAMU VIJAYAN, UTHRADAM,
                      ...  Petitioner
2. VIJAYAMMA, UTHRADAM,

                        Vs



1. LAKSHMI KAMALAKSHI,
                       ...       Respondent

2. THAMPI, S/O.SREEDHARAN,

                For Petitioner  :SRI.P.B.SURESH KUMAR

                For Respondent  :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :04/11/2009

 O R D E R
                             THOMAS P. JOSEPH, J.
                            --------------------------------------
                               R.S.A.No.1340 of 2004
                            --------------------------------------
                    Dated this the 4th day of November, 2009.

                                      JUDGMENT

This appeal arises from judgment and decree of the court of learned

Additional District Judge-III, Kollam in A.S.No.151 of 1998 arising from judgment

and decree in O.S.No.122 of 1995 of the court of learned Munsiff-Magistrate,

Sasthamcotta. Parties have settled their dispute outside the court and filed

compromise vide I.A.No.2577 of 2009. Trial court while decreeing the suit

declared right of easement by way of prescription in favour of the plaintiffs and

injuncted the defendants from causing obstruction to the said way described as

B schedule in the plaint. First appellate court confirmed judgment and decree of

the trial court. The terms and conditions of the compromise have been entered

in I.A.No.2577 of 2009. As per that, plaintiffs have released their right over the

pathway referred to in the plaint schedule in O.S.No.122 of 1995 in favour of

defendants and in turn, defendants have formed the pathway shown in the plan

appended to I.A.No.2577 of 2009 for the use of the plaintiffs. It is prayed that in

view of the above compromise, judgment and decree of the courts below may be

set aside and the suit may be disposed of in terms of the compromise.

2. Heard both sides. Compromise is recorded.

RSA No.1340/2004

2

Resultantly, the Second Appeal is allowed in terms of the compromise in

the following lines:

i. Judgment and decree of the courts below are set aside.

ii. The terms and conditions stated in I.A.No.2577 of 2009 shall form

part of the decree. It is directed that the plan produced along with I.A.No.2577 of

2009 shall form part of the decree.

iii. Parties shall suffer their cost through out.

THOMAS P.JOSEPH,
Judge.

cks