Vasu vs Babu on 30 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

SA.No. 332 of 2002()


1. VASU, AGED 39 YEARS, SON OF SIVARAMAN,
                      ...  Petitioner

                        Vs



1. BABU, AGED 47 YEARS, SON OF
                       ...       Respondent

2. NARAYANAN NAMBOODIRI, AGED 66 YEARS,

3. UNNIKRISHNAN, AGED 33 YEARS, SON OF

                For Petitioner  :SRI.SUNIL CYRIAC

                For Respondent  :SRI.V.V.ASOKAN

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :30/07/2009

 O R D E R
                              HARUN-UL-RASHID, J.
                        ----------------------------------------
                            R.S.A.No. 332 of 2002
                        ----------------------------------------
                  Dated this the 30th day of July, 2009

                                   JUDGMENT

The Second Appeal is directed against the judgment and decree in

A.S. No. 7/2000 on the file of the Sub court Pala which arises from the

judgment and decree in O.S. 300/1994. The plaintiff in the suit is the

appellant herein. The parties hereinafter referred to as plaintiff and

defendants as arrayed in the suit. The suit was filed for a decree of

prohibitory injunction restraining the defendants from obstructing the use

of the plaint schedule item No.1 road by the plaintiff or reducing its width

or committing any mischief therein

In the appeal filed by the 1st defendant the lower appellate court set

aside the trial court’s judgment and decree and dismissed the suit.

Aggrieved by the lower appellate court’s judgment and decree the plaintiff

filed this Second Appeal.

During the pendency of this Second Appeal, the parties settled the

disputes between them in the presence of mediators and arrived at an

out of court settlement. The parties jointly filed a compromise petition as

I.A No. 1539 of 2009 stipulating the terms of compromise. The parties

have also executed an agreement dated 9.7.2009 regarding the terms

of compromise. The terms of compromise and the submission of the said

agreement is recorded. The Second Appeal is disposed of in terms of

the agreement and the compromise petition (I.A. No. 1539 of 2009)as

mentioned above. A decree is passed in terms of compromise .I.A. No.

1539 of 2009 and the agreement dated 9.7.2009 shall form part of the

decree.

(HARUN-UL-RASHID, JUDGE)

es

HARUN-UL-RASHID, J.

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S.A. No. 332 of 2002

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JUDGMENT

30th July, 2009