IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 SA.No. 332 of 2002() -------------------- AS.7/2000 of SUB COURT, PALA OS.300/1994 of MUNSIFF COURT, PALA .................... APPELLANT(S): 1ST RESPONDENT/PLAINTIFF -------------------------------------- VASU, AGED 44 YEARS, SON OF SIVARAMAN, PATTATHIL VEETTIL, KURICHITHANAM KARA, KURICHITHANAM VILLAGE, MEENACHIL TALUK NOW RESIDING AT PATTATHIL HOUSE, PALAKUZHA P.O., MOOVATTUPUZHA. BY ADV. SRI.SUNIL CYRIAC RESPONDENT(S): APPELLANT/1ST DEF./RESPONDENTS 2 & 3/DEF.2 & 3. -------------------------------------------------------------- 1. BABU, AGED 47 YEARS, SON OF NEELAKANTAN NAMBOODIRI,KAKKARPPILLIL, KURICHITHANAM KARA, KURICHITHANAM VILLAGE, MEENACHIL TALUK, P.O. KURICHITHANAM. 2. NARAYANAN NAMBOODIRI, AGED 66 YEARS, SON OF VASUDEVAN NAMBOODIRI, KAKKARPPILLIL, KURICHITHANAM KARA, KURICHITHANAK VILLAGE, MEENACHIL TALUK, P.O.KURICHITHANAM. 3. UNNIKRISHNAN, AGED 33 YEARS, SON OF VAMADEVAN NAMBOODIRI,KAKKARPPILLIL, KURICHITHANAK KARA,KURICHITHANAM VILLAGE, MEENACHIL TALUK,P.O.KURICHITHANAM. ADV. SRI.V.V.ASOKAN FOR R1 SRI.PAUL ABRAHAM VAKKANAL FOR R1 SRI.P.P.RAMACHANDRAN FOR R2 & R3 THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------- R.S.A.No. 332 of 2002 ---------------------------------------- Dated this the 30th day of July, 2009 JUDGMENT The Second Appeal is directed against the judgment and decree in A.S. No. 7/2000 on the file of the Sub court Pala which arises from the judgment and decree in O.S. 300/1994. The plaintiff in the suit is the appellant herein. The parties hereinafter referred to as plaintiff and defendants as arrayed in the suit. The suit was filed for a decree of prohibitory injunction restraining the defendants from obstructing the use of the plaint schedule item No.1 road by the plaintiff or reducing its width or committing any mischief therein In the appeal filed by the 1st defendant the lower appellate court set aside the trial court's judgment and decree and dismissed the suit. Aggrieved by the lower appellate court's judgment and decree the plaintiff filed this Second Appeal. During the pendency of this Second Appeal, the parties settled the disputes between them in the presence of mediators and arrived at an out of court settlement. The parties jointly filed a compromise petition as I.A No. 1539 of 2009 stipulating the terms of compromise. The parties have also executed an agreement dated 9.7.2009 regarding the terms of compromise. The terms of compromise and the submission of the said agreement is recorded. The Second Appeal is disposed of in terms of the agreement and the compromise petition (I.A. No. 1539 of 2009)as mentioned above. A decree is passed in terms of compromise .I.A. No. 1539 of 2009 and the agreement dated 9.7.2009 shall form part of the decree. (HARUN-UL-RASHID, JUDGE) es HARUN-UL-RASHID, J. --------------------------- S.A. No. 332 of 2002 ---------------------------- JUDGMENT 30th July, 2009