IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 SA.No. 90 of 1999(B) ------------------- AS.39 OF 1997 OF IIND ADDL. SUB COURT, ERNAKULAM OS.1451 OF 1994 OF 1ST ADDL. MUNSIFF COURT, ERNAKULAN .................... APPELLANTS/RESPONDENTS 1 TO 3 / PLAINTIFF: -------------------------------------------------------------------- * 1. V.K.RAGHUVARAN, HOUSE NO.43/662, CEMETRY JUNCTION, ERNAKULAM, KOCHI-18. (DIED LRS. IMPLEADED) 2. K.V.SARASAMMA, OF DO. DO. 3. M.R.JAYAPRASAD, OF DO. ADDL. A4 TO 6 APPELLANTS IMPLEADED ------------------------------------------------------------- * ADDL.A4. JAYARAJAN.M.R., D/O.LATE V.K.RAGHUVARAN, MATTAPPURATH HOUSE, EZHUPUNNA, CHERTHALA TALUK, ALAPPUZHA DISTRICT. ADDL.A5. JAYALATHA M.R., D/O.LATE V.K.RAGHUVARAN, PINACKAL HOUSE, PALARIVATTOM, ERNAKULAM DISTRICT. ADDL.A6. JAYASREE M.R., D/O.LATE V.K.RAGHUVARAN, MATTATHIL HOUSE, ERAMALLOOR P.O., ALLEPPEY DISTRICT. LRS. OF DECEASED 1ST APPELLANT ARE IMPLEADED AS ADDL. APPELLATS 4 TO 6 AS PER ORDER DATED 7.12.2001 ON CMP. NO. 2346/01 BY ADV. SRI.K.K.GOPINATHAN NAIR RESPONDENTS/APPELLANTS 1 TO 3 & 4TH RESPONDENT/DEFENDANTS 1 TO 4: ----------------------------------------------------------------------------------------------------------------- 1. FLORY JAMES, W/O.JAMES POTHADY, HOUSE NO.43/661, CEMETRY JUNCTION, ERNAKULAM, KOCHI 18. 2. JAMES POTHADY, S/O.PAPPU, OF DO. DO. 3. JOSEPH P.J., S/O.PAPPU, HOUSE NO.660, CEMETRY JUNCTIOJ, ERNAKULAM, KOCHI 18. 4. THE SECRETARY, CORPORATION OF COCHIN, CORPORATION BUILDINGS, ERNAKULAM. R1 TO R3 BY ADV. SRI.P.SATHISAN R4 BY ADV. SRI.K.G.SARATH KUMAR THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 2.2.2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK P.BHAVADASAN, J. ---------------------------- S.A.No. 90 of 1999 --------------------------------- Dated this the 2nd day of February, 2011 JUDGMENT It is unnecessary to go into the details of the case because this appeal can disposed of on a short ground. 2. During the pendency of the appeal the first appellant died and his legal heirs were brought on the party array as additional appellants 2 to 6. 3. A compromise petition has been filed before this court pointing out that the parties have arrived at a settlement out of court and have entered into a settlement put down in writing, which may be accepted by this court. Accordingly, a decree is passed in terms of the compromise petition filed in this case. The judgments and decrees of the courts below are set aside and a decree is passed in the following terms. i. The appellant and the respondents herein have mutually consented to and agreed that the parties will have no further objection in putting up constructions in their respective properties abutting or without leaving the required open space without causing nuisance to the S.A.No. 90 of 1999 2 other party, in between the western side of the property of the appellants and the eastern side of the property of the respondents in accordance with law. ii. The opening now existing on the western side of the appellants property and the eastern side at the northern end of the respondents property will be closed down by the respondents permanently by joining the wall at the position now temporarily closed using sheets. iii. Any construction that is carried out in pursuance to the decree shall be in accordance with law and the compromise petition shall form part of the decree. No order as to costs. P.BHAVADASAN, JUDGE. ln