IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 RSA.No. 304 of 2010() --------------------- AS.392/2003 of ADDL.DISTRICT COURT, THRISSUR OS.1320/1998 of I ADDL.MUNSIFF COURT, THRISSUR .................... APPELLANTS/APPELLANTS/DEFENDANTS; -------------------------------------------------------------- 1. SARASWATHY, AGED 45 YEARS, W/O.LATE ITTIYADAN VELAYUDHAN, VELLANIKKARA DESOM VILLAGE, THRISSUR TALUK. 2. PANKAJAKSHAN, AGED 38 YEARS, S/O.ITTIYADAN AERI, VELLANIKKARA DESOM-VILLAGE, THRISSUR TALUK. 3. VALSAN, AGED 44 YEARS, S/O.ITTIYADAN AERI, VELLANIKKARA DESOM VILLAGE, THRISSUR TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): PLAINTIFF: ------------------------------------------ MOHANAN, S/O.ITTIYADAN VELAYUDHAN, VELLANIKKARA DESOM VILLAGE, THRISSUR. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== R.S.A. No.304 OF 2010 =========================== Dated this the 1st day of December,2011 JUDGMENT Defendants in O.S.1320/1998 on the file of First Additional Munsiff Court, Thrissur are the appellants. Respondent is the plaintiff. Learned Munsiff granted a decree for permanent prohibitory injunction restraining appellants from causing obstruction to the use of plaint B schedule path way and dismissed the claim for right of way over plaint C schedule property. Though it was challenged before First Additional Munsiff Court, Thrissur in A.S.392/2003 and a Cross Objection was filed by the respondent, both appeal and Cross Objections were dismissed. The appeal is filed by the defendants challenging the decree. Appeal was admitted formulating substantial questions of law. The appeal was thereafter RSA 304/2010 2 referred to Kerala Mediation Centre for mediation as it appeared that the matter could be amicably settled. 2. Before the mediation centre both the appellants and respondents appeared. On mediation the disputes were settled. An agreement of settlement incorporating the terms of the settlement, appending a plan providing an alternative way to the plaintiff, was executed. Apart from the appellants, another son of the first appellant and a third party have signed in the settlement deed. Respondent thereunder has relinquished all his claims in respect of plaint B and C schedule property as a alternative way was provided. The agreement is also signed by the counsel appearing for the appellants and the respondent. The agreement is forwarded to this court. 3. Learned counsel appearing for the appellants RSA 304/2010 3 and respondent were heard. 4. In view of the settlement, the decree passed by the courts below is to be modified. The appeal is allowed. The decree granted in O.S.1320/1998 as confirmed in A.S.392/2003 is set aside. O.S.1320/1998 stands decreed in terms of the compromise. The said terms of settlement, with the plan appended thereto, forms part of the decree. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006