Full Judgment
IN TEIE HIGII COURI' OF RERALA AT ERNAKUIAM PRESENT TEE HONOURABLE MRS. JUSTICE M.R.ANITHA THURs OAY,TRE5THDAYOF]ANUARYZ023/15TIIPOUSHA,1944 _RSA NO. 113 0F 2017 AGAINST TFE]UD6MENI AND DECREE PASSED IN AS 89/zoi3 oN TEE FIRE or ADDrrlo NI Dls TRICT cOu RT, PALA wlllcH ARlsEs FroM THETUDGMENT AND DECREE pAss ED IN Os z49/zoog oN Tln= Fin oF MUNSIFF's cou RT, PAIA AEmlIANIs/AppEnANTs/PIAINTIFFs: OUSEPH CHACKO, AGED 69 YEARS AGED 69, S/O.OUSEPH, MYLELLUMTHO"IAL HOUSE, KOZHAKKARA, KURAVILANGADU VILLAGE, KOZHA P.0., MEENACIIIL TALUK, PIN CODE-686633. THOMAS, AGED 65, S/.O.OUSEPH, MYIELLUMTHOTTIYIAL HOUSE, KOZIIAKKARA, KURAVILANGADU VILLAGE, KOZRA P.0., MEENACHIL TALUK, PIN CODE-686633. BY ADVS. SRI.P.VISWANATHAN SRI.SUNIL N.SREN0I RESPONDENTS/RESPONDENTS/DEi]ENDANTS: 1 TOMY MATREW,. AGED ABOUT 42, S/O. MATHEW, RESIDING AT PADINJAREMATTAPPALLIL, KOZHAKKARA Kt JRUVILANGJDU VILLAGE, KOZHA P.0., . MEENACHIL TALUK, PIN CODE-686633. MATIIAI, AGED ABOUT 80, S/0.PHILIPOSE, RESIDING AT PADINJAREMATTAPPAljLILj KOZHIKKARA KURUVILANGADU VILLAGE, KOZHA P.0., MEENACHIL TALUK, PIN CODE-686633.
BY ADV NARENDRA KUMAR M THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION 0N 05.01.2023, THE COURT 0N THE SAME PAY DEL[VEREP THE FQLLQW!NG: R.S.ANO.1130F2017andR.S.ANo.13020F2016
INTREHIGHCOURTOFKERALAATERNAKULAM PRESENT TREHONOu RABI.EMRs.TusTlc EM.RjINITm THURSDAy,TTIE5"DAyOr]ANUARy2Oz3/i5THpOus HA,1944 BELNO.13020LZQIf AGAINSTTIIEju DGMI:NIANDDECREEDATEDi2.o4.zoi6INAs9o/zoi3oNTREFm OFADDITIONALDls"cT&sEssloNscOu RT,pun ANI]AGAINSTTHEDECREEAND juDGMENTDATED3i.07.2Oi3INOsz47/zOO9ONTHEFILEOrMUNslFFcOu RT,PAIA 4RELLANTS/RESPONDENTS/PLAIN=|Esi MATIIAI, AGED 76 YEARS S/OPHILIPOSE,RESIDINGATPADINJAREMATTAPPAI.LIL, KOZHAKARA,KURAVILANGADUVILLAGE, KOZRA PO, MEENACHII. TALUK. TOMY MATREW, S/O MATHEW, AGED37YEARS3RESIDINGATPAI)INg AREMATI.APPAILIIj; KOZHAKARA.,KURAVILANGADUVILLAGE, KOZIIA PO, MEENACHIL TALUK. BYADVS. SRI.M.NARENDRA KUMAR SMT.M.I.SA]ITHA
BESPO-ND`E`NTS/fipp ELLANIS/DEFENDANLET]E M.0.CHACKO, S/0 0us EPH, AGED65YEARS,RESIDINGATMYLELLUMTHOTTIYILHOUSI, KOZHAKARA,KURAVILANGADUVILLAGE, KOZHA PO, MEENACHIL TALUK,PIN. 686633. THOMAS, S/O OUSEPH, AGED 60 YEARS, MYLELLUMTHOTTIYILHOUSE,KOZRAKARA, KURAVILANGADU VILLAGE,PIN. 686 633. BY ADVS: SRI.SHIBUJOSEPH SRI.P.VISWANATEN Trms REGULAR sEc OND App EAL HAvl NG COME up FOR ADMlssloN ON 05.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.SA NO.113 0F 2017 and R.S.A No.1302 0F 2016 HEDGM4EH Dated this the 5th day of]anuary, ZOZ3.
R.S.A.No.113/2017 has been filed against the judgment
and decree in A.S.No. 89 of 2013 on the file of Additional District Court, Pala which arise out of judgment and decree in O.S.No.249of2oogonthefileofMunsiffsCourt,Pala. 2.R.S.A.No.1302/2016hasbeenfiledagainstthejudgment and decree in A.S.No. 9o of 2013 on the file of Additional
District and Sessions Court, Pala which arise out of judgment
anddecreeinO.S.No.247of2oo9onthefileofMunslffsCourt, Pala.
3. When the cases came up for admission, at the Instance
ofthepartiesthecaseswerereferredformediationandbarties settled the entire Issues in mediation and memorandum of agreement has been forwarded. 4.Ongoingthroughthememorandumofagreement,lam R.S.ANO.1130F2017andR.SANo.13020P2016
satisfiedthatallthe`issueswerealriicablysettl.edbetweenthe parties and hence there is no impediment in recording the memorandum of agreement. Accordingly, memorandum of agreement ls recorded and in view of the same, R.S.A.No.113/Z017 allowed decreeing 0.S.No.249/Z009 on the file of Munsiffs Court, Pala. Defendant in O.S.No.249/2009 withdrewR.S.A.No.130Z/2016andhence,`R.S.A.No.1302/2016is dismissed as withdrawn. Memorandum of agreement and sketchattachedwillformpartofthede;ree.
Sd/- +ri5`s/ `M.R.ANI"A,JUDGE ` ' tt ; }J
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM R.S.A.No.113 0F 2017 & 1302 0F 2016 0useph chacko & Anr. : Appellants/Appellants/Plaintiffs Vs. Tomy Mathew & Anr. : Respondents/Res|)ondents/Defendants MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F TIIE CODE 0F CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008 : The parties have agreed to settle the dispute between them under the following terms and conditions:
Appellants and respondents in RSA No.113 of 2017 arise from the judgment and decree in A.S No. 89 of 2013 on the files of the Additional District & Sessions Court Pala and O.S No. 249 of 2009 on the files of the Munsiff Court Pala have settled the dispute between them on the following terms and conditions.
1. The defendants in O.S No. 249 of 2009 agreed that plaint schedule item No.3
road which starts from Kozha -Bangla road on the east (Panchayath F2oad) and going towards west will be provided with width of 9.9 feet including the public thondu on the south of the said road by surrendering their property on the north of the thondu and when it reaches the north eastern boundary of the plaint schedule item No.1 property they will further surrender their property to bring the width of the said road {o 12.5 feet including the thondu, for the plaintiffs to take all types vehicles to enter into the plaint item No.1 property which belongs to the plaintiffs.
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2. The defendants in O.S No.249 of 2009 had agreed that they will remove all kinds
of obstructions in the above said road including the iron pillars with chain, the trees and other crops standing in the plaint schedule item 3 road. They further agreed that they will also shift the electric post standing in the said road so as to enable the plaintiffs to use the said road by taking motor vehicle and all other vehicular traffic within a period of one month from 2/12/2022,
3. Defendants in O.S No.249 of 2009 agreed that they will not cause any kind of
obstructions to the plaintiffs, their successors and persons calming through them including their assignees, if any,to use the above said road for all kinds of traffic including vehicular traffic.
4. The plaintiffs in O,S 249 of 2009 agreed that they will pay an amount of Rs,8,50,000/- (Rupees Eight Lakhs Fifty Thousand Only) to the defendants as
consideration for using the surrendered land on the northern portion of the 77)ondu so as to widen the same to make it as a road for having a width of 9.9 feet and 12.5 feet to enter into the plaint item Nol property of the plaintiffs and to use the same as a road for the Plaintiffs. The defendants agreed that on the receipt of the said sum of Rs. 850000/-,(Rupees Eight Lakhs Fifty Thousand Only) they will surrender their property so as to make the width of plaint item No.3 to 9.9 feet and 12.5 feet as stated above and a rough sketch is appended along with this agreement showing the measurements of the above said road,
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5. The Plaintiffs further agreed that they will not claim any right over the said road
except their right of way through the said road. The Defendants also agreed that they will not cause any obstruction to the use of said road by the Plaintiffs. It is agreed between the parties that maintenance and repairs to the road shall be done both parties and the expenses shall be borne/divided by the parties equally.
6. In terms of the above compromise, the above R.S.A 113/2017 can be allowed
by decreeing the suit O.S.No.249/2009 on the files of the Munsiff's Court, Pala. 7, The defendants in o.S.No.249/2009 have further agreed that they will withdraw RSA No.1302 of 2016 pending before this Hon'ble court which arises from the a judgment and decree dated 12-04-2016 in AS No.90 of 2013 on theliles of the Additional District and Sessions Court, Pala which in turn arises from the
judgment and decree dated 31-07-2013 in OS No.247 of 2009 on the files of the
Munsiffs court, Pala filed by them in which the appellants herein are the respondents as not pressed, in the light of the compromise entered into by this deed of settlement.
Dated this the 2nd day of December 2022, Appellants Respondents 1, Ouseph Chacko 1.Tomy Mat:hew 2,Thomas ne 2,Mathai -,,.,..,.`±`1 coun=NIife 5e[ for thTe Respondents M `wl4jwhlcwwfty `a.. ` Kocrii -u82 031 -1 ..b < + in, 8 A LhaMto -.-_:.-`}. •i.i..` ..... 5f3 •®''`\, / .^,~a 71hc)in" ht}`a"U`-" HugnuL,u,`ui ,`-(ci`a •KQct\``-682031 Mc`,tkou,