IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 AS.No. 145 of 1995() ------------------------------- OS.633/1992 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT(S): DEFENDANTS ----------------------------------------------- 1. KOSHY P.CHACKO, THANNIPPARA HOUSE, KANGAZHA KARA & VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 2. KUNJUNJAMMA, W/O. KOSHY P., CHACKO, DO. DO. BY ADV. SRI.MATHEW JOHN PLAINTIFF/ RESPONDENT(S): -------------------------------------------- E.K. MATHAI, S/O. LATE KURIEN, EDAVATTIL HOUSE, KANGAZHA KARA AND VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.R.VENKETESH THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.1249/1995 IN AS. NO.145/1995 DISMISSED 28/07/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = A.S. NO. 145 OF 1995 = = = = = = = = = = = = = = = Dated this the 28th day of July, 2010. J U D G M E N T The suit is one for injunction both prohibitory and mandatory. The trial Court on a consideration of the materials granted a decree for permanent prohibitory injunction from further committing waste or damage in the pathway and from causing obstruction to the user of the pathway by the plaintiff. A direction was also granted to the defendants to restore the pathway as mentioned in Exts.C1 and C3 reports. When the matter came up for hearing I persuaded both the learned advocates to have an amicable settlement of the matter and the learned counsel appearing would submit that the plaintiff shall relinquish his right if he is given Rs.50,000/- and the learned counsel for the defendants would contend that his clients A.S. 145 OF 1995 -2- are amenable to pay Rs.20,000/-. Then I thought, considering the longevity of the litigation and the way in which the parties are placed a via media can be struck and therefore I had persuaded both the lawyers to accept the amount of Rs.30,000/- as the amount for the purpose of compromising the case without going into any merits of the case. Therefore the judgment and decree of the trial court will stand set aside on payment of Rs.30,000/- by the defendants to the plaintiff within a period of three months from today failing which the plaintiff can execute the decree for realisation of this Rs.30,000/- from the defendants and their assets. I make it very clear this is a consolidated amount and the parties are directed to bear their respective costs. The appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/- A.S. 145 OF 1995 -3- M.N. KRISHNAN, J. = = = = = = = = = = A.S. No. 145 OF 1995 = = = = = = = = = = = J U D G M E N T 28th July, 2010.