Kerala High Court
Sudharsanan Nair (Died) Lhs Impleaded) vs C.K.Aravindakshan on 7 July, 2025
2025: KER: 49560 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S. MONDAY, THE 77! DAY OF JULY 2025 / 16TH ASHADHA, 1947 RSA _NO. 600 OF 20:18 AGAINST THE JUDGMENT AND DECREE DATED 05.03.2018 IN AS NO.29 OF 2014 OF ADDITIONAL SUB COURT, KOTTAYAM ARISING OUT OF THE JUDGMENT AND DECREE DATED 03.10.2012 IN OS NO.141 OF 2011 OF MUNSIFF COURT, VAIKOM APPELLANT/RESPONDENT IN A.S./DEFENDANT IN 0.S.: 4 SUDHARSANAN NAIR (DIED) AGED 74 YEARS, S/O.NARAYANAPANICKER, THACHERIYIL HOUSE, VAIKOM P.0, PADINJATTINCHERT PADINJAREMURI, NADUVILE VILLAGE, VAIKOM TALUK. *ADDL.A2 RADHAMMA W/O SUDHARSANAN NAIR, AGED 78 YEARS, THACHERIYIL HOUSE, VAIKOM P.O, PADINJATTINCHERT PADINJAREMURI, NADUVILE VILLAGE, VAIKOM TALUK, KOTTAYAM - 686141 *ADDL.A3 GANGA TS D/O SUDHARSANAN NAIR, AGED 56 YEARS, POMPZHI, CMS - 12, CHERTHALA PO, ALAPPUZHA - 688524 *ADDL.A4 SIVAN S . S/O LATE SUDHARSANAN NAIR, AGED 53 YEARS, CMS - 12, CHERTHALA PO, ALAPPUZHA - 688524 (*THE LEGAL HEIRS OF DECEASED SOLE APPELLANT ARE IMPLEADED AS ADDITIONAL APPELLANTS NO. 2 TO 4 AS PER ORDER DATED 03.03.2025 IN TA 1/2025.) BY ADVS. SRI.R.LAKSHMI NARAYAN (SR. )} SMT.R.RANJANIE SRI.M.ASHOK KINI RSA Nos.600/2018 2025: KER: 49560 RESPONDENT/APPELLANT IN A.S/PLAINTIFE IN O.S: C.K. ARAVINDAKSHAN AGED 64 YEARS, S/O. KARUNAKARAN PILLAI, SREE BHAVAN HOUSE, PADINJATTINCHERRY PADINJAREMURT, VAIKOM, NADUVILE VILLAGE, VAIKOM TALUK FROM PURAPPALLI HOUSE, PALLIPRATHUSSERI MURI, NADUVILE VILLAGE, VALKOM TALUK - 686 641. BY ADVS. SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RSA Nos,600/2018 R.S.A No.600 of 2018 Dated this the 7" day of July, 2025 JUDGMENT
The appeal arises out of the judgment and decree in O.S.No. 141/2011 on the files of Munsiff Court, Vaikom.
2. During the pendency of the appeal, the parties were referred for mediation and the matter was settled between the parties in the mediation. The memorandum of agreement entered into between the parties is incorporated in the appeal.
Hence, the appeal is disposed of in terms of the agreement entered into between the parties before the Mediator. The agreement and the sketch attached to the same will form part of the judgment.
Sd/-
EASWARAN S. JUDGE ACR BEFORE THE HON'BLE HIGH COURT OF KERALA AF ERNAKULAM R.S.A. No. 600 of 2018 Radhamma and others : Additional Appellants 2 to 4.
"Vs. C.K. Aravindakshan : Respondent MEMORANDUM OF AGREEMENT UNDER SECTION 8S OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE ALTERNATIVE, DISPUTE RESOLUTION), RULES, 2008:
Memorandum of Settlement entered between the additional appellants 2 to 4 and the respondent in the above regular second appeal in the presence of the mediator attached to the mediation center of this Hon'ble Court.
The additional appellants in the above RSA who are the legal heirs of the deceased original appellant, Sri. Sudharsanan Nair, the original defendant in the suit, and the respondent in the RSA who is the plaintiff in the suit, have settled the matter in the following. manner, after due deliberations and discussions in the presence of the mediator, and following terms of settlement reached.
Additional Appellants Respondent
2. Radhamma 14 'C:K Aravindakshan
3. Gangdlrang a TX
4. Sivan S RS «2
1. The additional appellants/legal heirs of the original defendant in the suit have agreed to provide a 3 feet Wide pathway on the southern extreme side of their property, with a bell mouth on the
-extreme-end:- of the pathway touching the property and gate of the piaintiff/respondent herein, as specifically described in the sketch annexed to this memorandum of settlement, which is prepared on the basis of consensus between the parties, in lieu of plaint schedule item No.2 in OS No.141/2011 on the file of the Munsiff Court, Vaikom, on which, the Sub Court, Kottayam, as per judgment and decree dated 05.03.2018 in AS No.29/2014 declared prescriptive right of easement in favor of plaintiff, after reversing the judgment and decree dated 03.10.2012 passed by the Munsiff Court,Vaikom in OS No. 141/2011.
2. The 'both parties hereby agree and submit 'that instead of the prescriptive right of easement declared in favor of the plaintiff as decreed in AS No.29/2014 on the file of the Sub Court, Kottayam, the parties have carved out, on mutual consent, a pathway as shown in the sketch appended to this memorandum of settlement and further agree that a modified decree may be passed' by this Hon'ble court by declaring the right of access for egress and ingress for plaintiff over the pathway marked within green lines in the sketch attached, and to release the right of easement by prescription decreed by the Sub Court, Kottayam vide judgment and decree dated 05.93.2018 in A.S No. 29/2014, reversing decree and judgment in OS No.141/2011 of Munsiff Court, Vaikom.
Additional Appellants Respondent
2. Radhamma 4. €.K Aravindakshan ~32
3. The pathway/ access provided as per this memorandum of settlement discernable from the sketch appended herewith starts from the south west corner of the property of the original defendant, predecessor in interest of additional appellants, from the point of Kacherikavala road and goes straight to east at a length of 28 meters 90 cm, then turns to north at a distance of 3meters 90 cm length and from the said point turns to west at a length of 3 feet and from the said point it runs to the 2 meter 70 em to the south and from there, a 43.5cm curve/ slanting to the south-west and from that point to the west touching the above road to a distance of that 27 meters 70 cm, having 3 feet width in general, but with a bell mouth having 3.90 meters at the entrance of the access provided touching the plaintiff's property, at the eastern side of defendant's property. This portion is marked within Green lines in the sketch appended herewith and it is specifically indicated with the letters AB,BC,CD,DE,EEFG. The respondent/plaintiff has absolute right of way over the said way marked in the sketch appended herewith.
4. The judgment and decree dated 05.03.2018, passed by the sub court Kottayam in AS No.29/2014, reversing the Judgment /decree dated 03.10.2012 in OS No.141/2011 on the file of the Munsiff court Vaikom may be set aside and a modified decree as prayed above may be passed by this Hon'ble court on the basis of the memorandum of settlement submitted.
Additional Appellants Respondent
2. Radhamma 24, C.K Aravindakshar
3. Gangats(pawere, TS
4. Sivan S pe 4
5. The sketch appended to this memorandum of settlement may be form part of the modified decree that may be passed by this Hon''ble Court on the basis of the memorandum of settlement.
'6, The 'parties do not have any more claims each other against their respective properties in the suit, except the right granted to the plaintiff/ respondent herein, as referred above, through the portion of the property of additional appellants/ legal heirs of original defendant in the suit as stated above.
7. So it is humbly submitted that this Hon'ble court may be pleased to accept the memorandum of settlement and pass a modified decree in OS No.141/2011 on the file of Munsiff court Vaikom, after setting aside the decree and judgment dated 5.3.2018 passed by Sub court , Kottayam in AS No 29/2014, reversing the decree and judgment dated 3.10.2012 in OS No. 141/2011 on the file of Munsiff Court, Vaikom , in the interest of justice.
Dated this the 26th day of June,2025 Additional Appellants Respondent
2. Radhomma 2S _ C.K Aravindakshan ~~
3. GangatSCana o OS 4, Sivan S_ JR ~ oe a ly Counsel for Additional Appellants 2 to 4 Counsel for Respondent \d AVERY: STH AUR | AVVOCATE \e\ \2st | 2002 sat te VERIFICATION We, the parties above named, do hereby solemnly state and declare that what is mentioned 'above are true 'to the best 'of cur'knowledge, information and belief.
Additional Appellants Respondent Y 2, Radhamma 222- C.K Aravindaksha C8)
3. Ganga agen 5 4, Sivan S iene x Namgyal The 'above Settlement Agreement is authénticated by me.
Adv. Meena John M (Mediator) NORTH H I =, B D E = :
© ro g ja") a ae :
> 3 = a a ~ a | re 1 EI E $i, | f a 2m 7Ocm D= re 5 EAST 5 ES gate a 3h width exit --
a A 28m 90cm length B K F ~N 2 43.5cem Exit 2 3 o aa) SOUTH __ Yelp | TDS
------ Building =f ~---sminosukumaraN J = Engineer - ~ B (Civil) ; Reg. No. JD/ALP/8351(N218)/EB/2023-}1
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