IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 RSA.No. 1234 of 2010() ---------------------- AS.364/2006 of II ADDL.DISTRICT COURT,ERNAKULAM OS.216/2005 of PRL.M.C., KOCHI ............................ APPELANTS/APPELLANTS/DEFENDANTS --------------------------------------------------------------- 1. HAMSU, W/O. LATE.BALAN, VELLAYIL, EDAVANAKKAD MURIYIL,EDAVANAKKAD VILLAGE,KOCHI TALUK. 2. BIJU KUMAR, S/O. BALAN, VELLAYIL, EDAVANAKKAD MURIYIL,EDAVANAKKAD VILLAGE,KOCHI TALUK. 3. BINIL KUMAR, S/O. BALAN, VELLAYIL, EDAVANAKKAD MURIYIL,EDAVANAKKAD VILLAGE,KOCHI TALUK. 4. BIJISH KUMAR, S/O.BALAN,VELLAYIL, EDAVANAKKAD MURIYIL,EDAVANAKKAD VILLAGE,KOCHI TALUK. 5. BEENA, D/O. BALAN, VELLAYIL, EDAVANAKKAD MURIYIL,EDAVANAKKAD VILLAGE,KOCHI TALUK. BY ADV. SRI.C.A.CHACKO SRI.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): RESPONDENTS/PLAINTIFFS ------------------------------------------------------------------ 1. ARAVINDAKSHA MENON, S/O.KRISHNA MENON,KAIVILAKKIL HOUSE, EDAVANAKKAD MURIYIL,EDAVANAKKAD VILLAGE,KOCHI TALUK-682502. 2. SUNIL KUMAR, S/O. SIVAN, MURIKKAN VEETTIL, EDAVANAKKAD MURIYIL,EDAVANAKKAD VILLAGE,KOCHI TALUK-682502. 3. SANTHA, W/O. VIJAYAN, KALATIPARAMBIL, EDAVANAKKAD MURIYIL,EDAVANAKKAD VILLAGE,KOCHI TALUK-682502. 4. VIJAYAN, S/O. VELAYUDHAN KALATHIPARMBIL, EDAVANAKKAD MURIYIL,EDAVANAKKAD VILLAGE,KOCHI TALUK-682502. 5. KUMARAN, S/O. KOCHAPU, VELLAYIL, EDAVANAKKAD MURIYIL,EDAVANAKKAD VILLAGE,KOCHI TALUK (DIED) PIN-683516.(DIED) 6. MEERA BHASI, W/O. BHASI, POOMALAYIL HOUSE, ANLIPILLYKAVU, MOOTHAKUNNAM.P.O.pIN.683 516 ADV. SRI.T.N.SURESH FOR R2, 3-4&6 THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== R.S.A. No.1234 OF 2010 =========================== Dated this the 6th day of September,2011 JUDGMENT Defendants in O.S.216/2005 on the file of Munsiff Court, Kochi are the appellants. Respondents are the plaintiffs. Suit was filed for a declaration of right of way by easement of prescription over plaint G schedule pathway and consequential permanent prohibitory injunction restraining the appellants from causing obstruction to the use of the way. Learned Munsiff on the evidence granted a decree declaring the right of way over plaint G schedule pathway. Appellants were restrained by a permanent prohibitory injunction from causing obstruction to the user of plaint G schedule pathway. Appellants challenged the decree and judgment before District Court, Ernakulam in A.S.364/2006. Learned District RSA 1234/2010 2 Judge on reappreciation of the evidence confirmed the decree of the trial court and dismissed the appeal. It was challenged in this appeal. 2. Notice before admission was ordered and the respondents appeared. 3. On the submission of the learned counsel appearing for the appellants and the respondents the case was sent to Kerala Mediation Centre for settlement. Before the Mediation Centre both the appellants and the respondents appeared. On mediation there was an amicable settlement. The Mediator has forwarded the terms of compromise entered into by the parties. The terms of compromise entered into between the parties is signed by appellants and the respondents and their respective counsel. 4. In such circumstances the appeal is disposed in terms of the compromise entered into between the parties. The decree of the trial court stands modified as provided under the terms of compromise entered into between the parties. The terms of RSA 1234/2010 3 compromise dated 2.5.2011 will form part of the decree. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006