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. 946 of 2004() --------------------- AS.141/2003 of SUB COURT, TIRUR OS.10/2001 of MUNI-MAGI.COURT,PONNANI .................... APPELLANTS: PLAINTIFFS-RESPONDENTS 1 AND 2: --------------------------------------------------------------- 1. RAJAN, SON OF THALAKKAT KESAVAN, KADAVANAD AMSOM AND DESOM, P.O. KADAVANAD, PONANI (VIA), PONANI TALUK, MALAPPURAM DISTRICT. 2. SOUMINI, W/O. RAJAN, KADAVANAD AMSOM AND DESOM, P.O. KADAVANAD, PONANI (VIA), PONANI TALUK, MALAPPURAM DISTRICT. BY ADV. SMT.PREETHY KARUNAKARAN SRI.R.RAJESH KORMATH SMT.MEENA.A. SMT.M.R.MINI SMT.SANJANA R.NAIR SRI.JAYKAR.K.S. SRI.RAHUL VARMA SRI.V.S.ROBIN RESPONDENT(S): (DEFENDANTS 1,4, 2 AND 3-APPELLANTS & RSPDTS.3 & 4 ----------------------------------------------------------------- 1. PATHIRATH VASU, SON OF KORAN, KADAVANAD AMSOM AND DESOM, P.O. KADAVANAD, PONANI (VIA), PONANI TALUK, MALAPPURAM DISTRICT. 2. MALATTIL GANGA AMMA, W/O. KRISHNAN NAIR, KADAVANAD AMSOM AND DESOM, P.O. KADAVANAD, PONANI (VIA), PONANI TALUK, MALAPPURAM DISTRICT. 3. THAYYATTIL RAGHAVAN, SON OF KUMARAN, KADAVANAD AMSOM AND DESOM, P.O. KADAVANAD, PONANI (VIA), PONANI TALUK, MALAPPURAM DISTRICT. 4. NAROTH VALAPPIL RADHA, W/O. DAMODARAN, KADAVANAD AMSOM AND DESOM, P.O. KADAVANAD, PONANI (VIA), PONANI TALUK, MALAPPURAM DISTRICT. ADV. SRI.K.RAMACHANDRAN FOR R1 & R2 SRI.P.RAMACHANDRAN SMT.PRABHA R.MENON(MEDIATOR) 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 ........................................... RSA No.946 of 2004 ............................................ DATED THIS THE 1st DAY OF DECEMBER, 2011 JUDGMENT Plaintiffs in O.S.10 of 2001 on the file of Munsiff-Magistrate Court, Ponnani are the appellants. Defendants are the respondents. Appeal is filed challenging the decree passed by learned Munsiff as confirmed by Sub Court, Tirur in A.S.141 of 2003. After appearance of respondents, on hearing the parties, the case was referred to Kerala Mediation Centre for settlement. All the parties appeared before the Mediation Centre and on mediation, matter has been settled and a memorandum of mediation settlement agreement was executed by the appellants and respondents. Their counsel have also signed the memorandum. As per the settlement, respondents have undertaken that they will only use the pathway shown in the plan appended to appeal memorandum. It is therefore prayed that the second appeal be disposed in terms of the compromise petition. 2. In view of the settlement, appeal is allowed. In terms of the memorandum of mediation settlement agreement dated RSA 946/2004 2 21.11.2011, the decree passed by Munsiff-Magistrate Court, Ponnani in O.S.10 of 2001 is modified. The memorandum of mediation settlement agreement, with the plan appended to it forms part of the decree. M.SASIDHARAN NAMBIAR, JUDGE lgk