IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 RP.No. 913 of 2006(E) ------------------------------ AGAINST THE JUDGEMENT IN S.A. NO. 811/1998. .................... REVIEW PETITIONERS/ APPELLANT/ RESPONDENTS IN A.S. 73/1995: --------------------------------------------------------------------------------------------------- 1. ANTONY, S/O.PULIKOTTIL MOONNUPURACKAL OUSEPH, PAVARATTY AMSOM & DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. CHINNAMA, W/O.PULIKOTTIL MOONNUPURACKAL ANTONY, DO. DO. BY ADV. SRI.N.SUBRAMANIAM, ADV. SRI.SAJAN VARGHEESE K, ADV. SRI.M.S.NARAYANAN. RESPONDENTS/ RESPONDENT/ APPELLANTS IN A.S. 73/1995: ---------------------------------------------------------------------------------------- 1. KOCHAPPAN, S/O.PULIKOTTIL KOCHAPPU, PAVARATTY AMSOM AND DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. JOHNY, S/O.PULIKKOTTIL KOCHAPPU, PAVARATTY AMSOM AND DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. ADV. SRI.K.G.BALASUBRAMANIAN FOR R2. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18/08/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P. 913 OF 2006 IN S.A. NO. 811 OF 1998 = = = = = = = = = = = = = = = Dated this the 18th day of August, 2008. O R D E R This Court by judgment dated 20.9.06 dismissed the second appeal and it is to review that judgment this R.P. is filed. During the pendency of the R.P. the parties have settled the matter and a compromise petition is filed between the appellants and the first respondent and the 2nd respondent has filed a separate statement accepting the compromise and therefore the judgment dated 20.9.06 is reviewed and the second appeal is disposed of as follows in terms of the compromise. The compromise is recorded. 2. The compromise petition and the statement filed by the 2nd respondent shall form part of the decree and the plaintiffs are given a decree as follows. (1) The pathway decreed by the Courts below be shifted to the western side of the property of the appellants, having a width of 5 ½ feet at both ends, beginning from the Panchayath road on the north and ending on the western boundary of the property of the respondent. R.P. 913 OF 2006 IN S.A. NO. 811 OF 1998 -:2:- (2) The appellants shall clear the said shifted pathway at their expense and remove all trees, plants and other obstacles which may hinder free enjoyment of the same within two weeks from today(18.8.08). (3) The appellants and respondent agreed to provide a ramp/slope from the Panchayat road on the north to access to the shifted pathway and the respondent's property. The expenses, if any required be met by both the parties equally. Stone paving may be done on the shifted pathway at the expenses of the respondent. (4) The respondents and his successors shall be entitled to use the shifted pathway for enjoyment of the property and appellants or his successors shall not cause any obstructions thereto. The review petitioners are also entitled to use the same. The R.P. is disposed of accordingly by reviewing he judgment as above. M.N. KRISHNAN, JUDGE. ul/- R.P. 913 OF 2006 IN S.A. NO. 811 OF 1998 -:3:- M.N. KRISHNAN, J. = = = = = = = = = = R.P. 913 OF 2006 IN S.A. NO. 811 OF 1998 = = = = = = = = = = = O R D E R 18th August, 2008.