IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 RSA.NO. 1340 OF 2004() ---------------------- AS.151/1998 OF III ADDL. DISTRICT COURT, KOLLAM OS.122/1995 OF MUNSIFF-MAGISTRATE COURT SASTHAMCOTTA .................... APPELLANTS/APPELLANT/DEFENDANTS ------------------------------------------------------------ 1. PARAMU VIJAYAN, UTHRADAM, KIZHAKKEMURI, KUNNATHOOR VILLAGE, KOLLAM. 2. VIJAYAMMA, UTHRADAM, KIZHAKKEMURI, KUNNATHOOR VILLAGE, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR ADV.SRI LEO GEORGE RESPONDENT(S)/RESPONDENTS 2 AND 3/SECOND PLAINTIFF AND LEGAL REPRESENTATIVE OF DECEASED FIRST PLAINTIFF: ----------------------------------------------------------------------------------------------------------- 1. LAKSHMI KAMALAKSHI, KUTTIPURATHU VEEDU, KIZHAKKE MURI, KUNNATHOOR VILLAGE, KOLLAM. 2. THAMPI, S/O.SREEDHARAN, KUTTIPURATH VEEDU, KIZHAKKEMURI, KUNNATHUR VILLAGE. ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) FOR R1 & R2 SMT.SREELEKHA PUTHALATH FOR R1 & R2 SRI.A.R.DILEEP FOR R1 & R2 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- R.S.A.No.1340 of 2004 -------------------------------------- Dated this the 4th day of November, 2009. JUDGMENT This appeal arises from judgment and decree of the court of learned Additional District Judge-III, Kollam in A.S.No.151 of 1998 arising from judgment and decree in O.S.No.122 of 1995 of the court of learned Munsiff-Magistrate, Sasthamcotta. Parties have settled their dispute outside the court and filed compromise vide I.A.No.2577 of 2009. Trial court while decreeing the suit declared right of easement by way of prescription in favour of the plaintiffs and injuncted the defendants from causing obstruction to the said way described as B schedule in the plaint. First appellate court confirmed judgment and decree of the trial court. The terms and conditions of the compromise have been entered in I.A.No.2577 of 2009. As per that, plaintiffs have released their right over the pathway referred to in the plaint schedule in O.S.No.122 of 1995 in favour of defendants and in turn, defendants have formed the pathway shown in the plan appended to I.A.No.2577 of 2009 for the use of the plaintiffs. It is prayed that in view of the above compromise, judgment and decree of the courts below may be set aside and the suit may be disposed of in terms of the compromise. 2. Heard both sides. Compromise is recorded. RSA No.1340/2004 2 Resultantly, the Second Appeal is allowed in terms of the compromise in the following lines: i. Judgment and decree of the courts below are set aside. ii. The terms and conditions stated in I.A.No.2577 of 2009 shall form part of the decree. It is directed that the plan produced along with I.A.No.2577 of 2009 shall form part of the decree. iii. Parties shall suffer their cost through out. THOMAS P.JOSEPH, Judge. cks