IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 SA.No. 325 of 1992(E) --------------------- AS.4/1986 of ADDL. SUB COURT, IRINJALAKUDA OS.87/1977 of PRL.MUNSIFF'S COURT, IRINJALAKUDA .................... APPELLANT/RESPONDENT/PLAINTIFF -------------- ASOK BABU, S/O.,MENOTH KESAVAN, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.K.S.BHARATHAN RESPONDENT/APPELLANT/DEFENDANT: --------------- KALLADA BHAGAVATHY KSHETHRA SAMITHI , THANISSERY DESOM, ;MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, REPRESENTED BY ITS SECRETARY. ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID,J. --------------------------- R.S.A.NO.325 OF 1992 & I.A.No.1298 of 2009 --------------------------- DATED THIS THE 29TH DAY OF JUNE, 2009 JUDGMENT Plaintiff in O.S.No.87/97 on the file of the Munsiff's Court, Irinjalakuda is the appellant. The appeal is directed against the judgment and decree in A.S. No.4/86 on the file of the Additional Sub Court, Irinjalakuda. The suit is for declaration of easement right and consequential injunction. 2. When the matter was taken up for final hearing, it is reported that the parties resolved the disputes between them. Accordingly, they filed I.A.No.1298/09 under Order XXIII Rule 3 of the C.P.C. stipulating the terms of compromise. A sketch was also attached to the compromise petition. The terms of compromis are hereby recorded and the petition, I.A.No.1298/2009 along with the sketch shall form part of the decree. The parties further agreed to register the decree before -2- S.A.No.325/92 the Sub Registrar's Office, Irinjalakuda and submitted that necessary applications for effecting mutation of plot A in the name of the appellant and plots B and D in the name of the respondent will be submitted along with the application for registration of the decree. In case such applications are submitted, the authority competent shall pass appropriate orders immediately. Second Appeal is disposed of in terms of the compromise. I.A.No.1298/2009 is allowed. HARUN-UL-RASHID, Judge. kcv. -3- S.A.No.325/92 HARUN-UL-RASHID,J. -------------------------- S.A.NO.325 OF 1992 -------------------------- JUDGMENT 29th June, 2009