IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 RSA.No. 410 of 2009(F) ---------------------- AS.84/2005 of ADDL.SUB COURT, IRINJALAKUDA OS.531/2003 of PRL.M.C.,IRINJALAKUDA .................... APPELLANTS/RESPONDENTS/ DEFENDANTS : ------------------------------------------ 1. CHAKKAPPAN, AGED 80 YEARS S/O.PORATTUKARA KANDAN, KANAKAMALA DESOM, KODAKARA VILLAGE MUKUNDAPURAM TALUK. 2. KUTTAN, AGED 44 YEARS S/O.PORATTUKARA KANDAN, KANAKAMALA DESOM, KODAKARA VILLAGE MUKUNDAPURAM TALUK. 3. KARTHIAYANI, AGED 74 YEARS W/O. PORATTUKARA KANDAN, KANAKAMALA DESOM, KODAKARA VILLAGE MUKUNDAPURAM TALUK. BY ADV. SMT.C.G.BINDU SMT.C.G.AJITHA SMT.D.SARITHA SMT.M.K.RAJITHA RESPONDENT/ APPELLANTS/ PLAINTIFFS : --------------- 1. SAHADEVAN, AGED 32 YEARS S/O.KARUKUTTY SUBRAN KANAKAMALA DESOM, KODAKRA VILLAGE, MUKUNDAPURAM TALUK, WORKING AS POLICE CONSTABLE 2. HARIDAS, AGED 47 YEARS S/O.,MADATHIPARAMBIL RAMACHANDRADAS PORATTUKARA KANDAN,KANAKAMALA DESOM, KODAKRA VILLAGE, MUKUNDAPURAM TALUK. 3. PRABHAVATHY, AGED 43 YEARS W/O.MADATHIPARAMBIL HARIDAS, KANAKAMALA DESOM, KODAKRA VILLAGE, MUKUNDAPURAM TALUK. ADV. SMT.P.K.SANTHAMMA FOR R1-3 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- R.S.A.NO.410 OF 2009 --------------------------------------------- Dated 26th May, 2011 JUDGMENT Defendants in O.S.531/2003 on the file of Principal Munsiff court, Irinjalakuda are the appellants. Respondents are the defendants. The trial court dismissed the suit. Respondents challenged the judgment before Additional Sub Court, Irinjalakuda. By judgment dated 27/8/2008 learned Sub Judge allowed the appeal and passed a decree for permanent prohibitory injunction restraining the appellants from altering the nature of plaint C schedule pathway and from causing obstruction in using the pathway by the respondents. It is challenged in the second appeal. 2 2. I.A.1120/2011 is jointly filed by the appellants and the respondents under Rule 3 of Order XXIII of Code of Civil Procedure reporting settlement of the disputes. As per the compromise petition, in terms of the settlement respondents admitted absolute title of the appellants over one kole width of plaint C schedule pathway having the length of 80 meter running on the western side of plaint A and B schedule properties, starting from Canal Bund lying on the south of the property of the second appellant and the respondents have withdrawn all their contentions with regard to said way. It also shows that appellants and respondents have measured C schedule way and they have erected concrete pillars on the boundary of C schedule pathway and respondents agreed that they have no right to make any 3 claim over C schedule pathway. 3. Compromise is signed by all the appellants, their counsel and respondents and their counsel. 4. Compromise is recorded. Appeal is allowed. Judgment of the first appellate court is set aside. Decree is passed in terms of the compromise petition. Compromise petition will form part of the decree. M.SASIDHARAN NAMBIAR, JUDGE. uj.