IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 FAO.No. 133 of 2010 ---------------------------- AGAINST THE ORDER DATED 08/04/2010 IN IA 389/2010 IN AS.153/2009 of SUB COURT, TIRUR .................... APPELLANT/RESPONDENT:- -- --------------------------------------- MANALOOR NABEESU, D/O. MAMMADUNNI, PUNNAYOORKULAM AMSOM, DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT / PETITIONER: - --------------------------------------------- KANHANGATTEL ABDU, S/O. POCKU, PURANG AMSOM DESOM, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADVS. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DMR/- P.BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - F.A.O.No.133 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December , 2011 J U D G M E N T This appeal is directed against the order dated 08.04.2010 in I.A.No.389 of 2010 in A.S.No.153 of 2009. 2. It is unnecessary to go into the details of the case for the simple reason that the parties have settled their disputes and have filed a compromise petition before this Court praying that a decree may be passed in terms of the compromise. 3. After having gone through the compromise petition and the prayer made there, it is felt that there is no reason as to why the compromise should not be accepted. There is no irregularities in the compromise entered into between the parties. 4. In the result:- This appeal is allowed, the impugned judgment and decree are set aside and a decree is passed in the following terms:- a. The appellant agrees that the respondent -:2:- F.A.O.No.133 of 2010 (which also includes his heirs, successors and assigns) can use the 10 feet wide way provided by the Appellant on the east of the plaint A schedule property running north to south without any let or hindrance and with all easementary rights and to use it in manner not disturbing the said way, in perpetuity and at all times to come. b. The appellant has provided, for use of the way said above, an 8 feet wide opening into the plaint A schedule from the 10 feet wide road, mentioned above, by surrender of an area from her property on the north-east side of the plaint A schedule property in the manner shown in the sketch annexed to this petition as Annexure A. The appellant agrees that this 8 feet wide opening into the plaint A schedule property, as provided in Annexure A, can be used by the respondent including his heirs, successors and assignees for all times to come without on any let or hindrance. c. The parties hereto agree that Annexure A sketch may be made a part of this joint petition and be -:3:- F.A.O.No.133 of 2010 treated and read as part of this compromise. d. The respondent (which also includes his heirs, successors assigns) gives up the right of way claiming easementary right over plaint B schedule shown in the suit numbered as O.S.No.210/2007 on the file of the Munsiff Court, Ponnani and further agree that no other relief need be granted therein. e. The appellant and the respondent agree that O.S.No.210/2007 on the file of the Munsiff's Court Ponnani, be decreed in terms of the above compromise. f. It is also hereby acknowledged by the parties herein that all pending disputes between them have been amicably settled and no issues remain unsolved. The compromise petition and sketch will also form a part of the decree. P.BHAVADASAN JUDGE kkj