IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARADAS(RETD. JUDGE) & SHRI K.J.THOMAS STANLEY(RETD.ADDL.DIST.JUDGE) FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 RSA.No. 1049 of 2008() ---------------------- AS.40/2007 of SUB COURT, PERUMBAVOOR OS.282/1994 of MUNSIFF COURT, PERUMBAVOOR .................... APPELLANTS/APPELLANTS/DEFENDANTS IN THE SUIT ---------------------------------------------------------------- 1. KALYANI, AGED 73,D/O.KELAN, VARIKKATTU NADUVILA HOUSE, ALLAPRA, VENGOLA KARA, VENGOLA VILLAGE. 2. KOCHULLA, AGED 79, H/O.KALYANI, VARIKATTU NADUVILA HOUSE, ALLAPRA, VENGOLA KARA, VENGOLA VILLAGE. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON RESPONDENTS/ RESPONDENTS/PLAINTIFF ------------------------------------ 1. PAILY @ KUNJUMON, AGED 74, S/O.CHACKO, KUTHUKALLUNGAL, ALLAPRA, VENGOLA KARA, VENGOLA VILLAGE, (DIED). 2. ITHAMA, AGED ABOUT 68,W/O.PAILY, KUTHUKALLUNGAL, ALLAPRA, VENGOLA KARA, VENGOLA VILLAGE. 3. YACOB, AGED 45, S/O.PAILY, KUTHUKALLUNGAL, ALLAPRA, VENGOLA KARA, VENGOLA VILLAGE. 4. VARKEY, AGED 42 YEARS, S/O.PAILY, KUTHUKALLUNGAL, ALLAPRA, VENGOLA KARA, VENGOLA VILLAGE. RSA.No. 1049 of 2008 2 5. SABU, AGED 40, S/O.PAILY, KUTHUKALLUNGAL ALLAPRA, VENGOLA KARA, VENGOLA VILLAGE. R2 TO 5 BY ADV. SRI.RAJESH VIJAYAN THIS REGULAR SECOND APPEAL HAVINGCOME UP FOR DETERMINATION AT LOK ADALAT ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THE HON' BLE MR. JUSTICE T.K. CHANDRASEKHARA DAS (RETIRED JUDGE) AND SRI.K.J.THOMAS STANLEY (RETIRED DISTRICT JUDGE) RSA NO. 1049 OF 2008 ------------------------------- DATED THIS THE 19TH DAY OF FEBRUARY, 2010 A W A R D The dispute between the parties is virtually with regard to the boundary of the properties of the appellant and respondent. Appellant and respondent and their counsel are present. They have stated that the matter is settled in the following terms. The 'Anjili Tree' stand in the boundary of the disputed property was cut and removed and the value of the tree has been fixed to be Rs.80,000/- (Rupees Eighty thousand only) out of which Rs.40,000/- (Rupees Forty thousand only) was paid to the respondents by the appellant. Some logs of the trees were still on the side of the respondent and that will be removed by the appellant within 2 weeks and a RSA NO. 1049 OF 2008 2 compound wall dividing the property will be constructed by the appellant on the boundary already marked by 2 Surveyors in the presence of both counsels and parties. In the above terms the appeal is closed as settled. Award is passed accordingly. Sd/- T.K. CHANDRASEKHARA DAS (RETIRED JUDGE) Sd/- K.J.THOMAS STANLEY (RETIRED DISTRICT JUDGE) //True copy// PA to Judge rkc