IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 15975 of 2009(N) --------------------------------- PETITIONER: --------------- SOUDHAMINI, W/O.NARAYANAN ELAYATH, ESWARAMANGALATH ILLOM, KOOVAPPADI P.O., PERUMBAVOOR TALUK. BY ADV. MR.K.G.BALASUBRAMANIAN RESPONDENTS: ------------------ 1. SUBHADRA ANTHARJANOM, W/O.THRIVIKRAMAN ILAYATH, KAZHANGAMPILLI PANATT ILLOM, KIZHAKKUMURI VILLAGE, MUKUNDAPURAM TALUK. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, MINISTRY OF LAW, THIRUVANANTHAPURAM. 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF LAW, NEW DELHI. ADV. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15975 of 2009 PETITIONER'S EXHIBITS EXT.P1: COPY OF PLAINT IN OS 37/2008 IN THE COURT OF THE SUBORDINATE JUDGE, IRINJALAKUDA. EXT.P2: COPY OF WRITTEN STATEMNT IN - DO- EXT.P3: COPY OF IA 295/2009 & AFFIDAVIT IN -DO- EXT.P4: COPY OF COUNTER STATEMTN IN - DO- TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.15975 OF 2009 ------------------------------- Dated this the 2nd day of JUNE, 2010 J U D G M E N T The first respondent filed a suit for partition of a property claiming that the petitioner in this writ petition is entitled to only a small share whereas according to the petitioner, the petitioner is entitled to a half share. In view of the fact that the petitioner and the first respondent are very close relatives, this Court referred the matter for mediation and happily the parties were wise enough to settle the matter in mediation on terms mutually acceptable to both parties. The mediator has filed a report along with the settlement signed by both parties. The terms of settlement are as follows:- “1. The above parties agree to partition the plaint schedule property between them. 2. The defendant will take 1 Acre out of the plaint schedule property being the north western portion after leaving 12 feet as way by the Plaintiff on the southern side of the said 1 Acre. 3. The Defendant shall be entitled to right of way along the said 12 feet wide way/portion set apart in the property allotted to the plaintiff. 4. The said 1 Acre is shown marked in the sketch annexed as “A” and the 12 feet wide portion to be maintained as way is marked and shown as “B” in the sketch annexed. W.P.(C)NO.15975/09 2 5. The remaining portion and the 12 Feet wide portion on the south of 1 Acre plot shall be taken by the plaintiff. 6. The remaining portion excluding the 12 feet wide area is marked as “C” in the Sketch. 7. The plaintiff shall cut and remove trees or improvements along the B portion to make and maintain the same as a way. 8. The parties shall equally contribute towards the expenses for measurement of the properties and demarcation. 9. The parties shall equally contribute towards the documentation expenses/stamp duty for the purpose of the final decree. 10. Any party may apply to the sub Court for a final decree in the suit. 11. The amount of Rs.4000/- now in deposit can be withdrawn by the plaintiff. 12. Neither party shall have any further claim in respect of the suit subject matter”. In the above circumstances, the writ petition is disposed of as settled in terms of the above agreed terms. On production of a copy of this judgment before the Sub Court, Irinjalakuda, O.S.No.37/08 pending before that court shall be disposed of in the above terms. The settlement signed by the parties would form part of this judgment. The advocates for the parties were consulted regarding fees payable to the mediator. After considering their views also, I fix Rs.5000/- as fees payable to the mediator. This shall be born equally by the petitioner and the 1st respondent. The same shall be paid within two weeks. S. SIRI JAGAN, JUDGE acd W.P.(C)NO.15975/09 3 W.P.(C)NO.15975/09 4