~ vs X Leela
2021 Latest Caselaw 11979 Ker

Citation : 2021 Latest Caselaw 11979 Ker
Judgement Date : 13 April, 2021

Kerala High Court

~ vs X Leela on 13 April, 2021

 

IN TREE HIGH COURT OF KERALA AT ESNARULAM

FRESENT
TSE HONOURASLE MR. JUSTICE RBECHU KURIAN THOMAS
TUESDAY, THE LATE DAY OF APRIL. 2O21 / 23RD CHAITRRA, 1943
RSA.Ne. L032 OF 2027

AGAINST THE JUDGMENT AND DECREE IN AS LOS/3016 BATTED 34-08-3017
QF SUB COURT, PUNATAM

AGAINST THE JUDGMENT AND DECREE IN OS 322/2008 DATED 30-01-2016
OF MONSIFP'S COURT, BPUNALUR

ABPELLANT /APPELLANT (/PLAINTIER :~

 

BREMYA §. RRISHNAN, AGED 29,
D/O. GOPALARRISHNA BILLAT,
VARRAYIE VREDO, ELAMBAAR,
VIRAROOUY , PATSANAPURAN .

BY ARVS .
SRI.R.R.VINOD
SMT M8 LETSA

RESPONDENTS /RESPONBENTS /DEFENDANTS :-

x LEELA, AGED 65, W/O. DAMODARA KURUP,
VARRAYIL BADINGATTATEIL (2),
ELAMPAAL, VILAKUDY,

PATHANAPURAM-8B8S 895.

2 DAMODARA RURUE,
AGED 72, VARRAYIL PADINJATTATRIL (8) ,
ELAMPAAL, VILAKUDY,

PATRANAPURAN-689 695.

Bl BY ADV. SRI.SUBHASR CYRIAC
RL BY ADV. SMISHERBA JOSEPR
Ri BY ADDY. SRI.S.SRERIITH §-2453

TRIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSTON on
13.04.2081, THE COURT ON TRE SAME DAY DELIVERED TRE FOLLOWING:

 

 
 

 

RSA. .No 2032 OFF 2017

 

 

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RS. A. No.

Remya S Krishnan

Leela, & Another

(VACATION BENCH}

Vs,

RULES

1032 OF 2017

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

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Appellant

Respondents

PETITION FILED UNDER SECTION 8 OF THE KERALA HIGH COURT

K.R.VINOD [(V - 167) o COUNSELS FOR THE APPELLANT |

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BEPORE THE HONOURABLE HIGH COURT OF RERALA AT ERNAKULAM

RSA. No. 1032 of 2017

{Against the decree and Judgment of the Hon'ble Sub Court, Punalur in AS. No. 105/2016 dated 31.08.2017 fled against the judgement and decree of the Hon' 'ble Munsif?s Court, Ponalur, in O.S Ne. 3223/2009 dated

30.01.2016) Remya S Krishnan : Appellant Ys.

Lecla & Anather : Respondents INDEX SL.Nox Description | Pages i. Compromise Petition yom SS

2. Memo filer u/s.8 of Kerala High Court Rules \y Dated this the 12% day of April,202 zy PAn aA Ny KLUR.VINOD

cOUNSEL FOR THE APPELLANT

SPORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

LA No,

R.S.AJNa. 1032 OF 2017

Renrya S Krishnan : Appellant ne ;

WOK Vs. Leela & Another : Respondents

COMPROMISE PETITION FILED BY THE APPELLANT AND THE RESPONDENTS UNDER ORDER XXII RULE 3 OF THE CODE OF CIVIL PROCEDURE The appellant herein and the respondents herein have decided to settle the suit claim by entering into a compromise between them, on the following

terms and canditions:- i. The appellant has agreed to provide a pathway having the width of 6.5 Feet and the length of SO metres as shown in the Survey Sketch prepared

by the Advocate Commissioner in OS. No. 322/2009 in the files of the

aeiffs Court, Punalur for the ineress and egress as well as vehicular traffic of the respondents, of which, the respondents have

agreed tu purchase the strip of land having the width of 3.5 Feet and the length of 50 metres, from the Eastern side of the said pathway, by paying Rs. 2,75,000/- to the appellants. The son of the respondents called Anil

Kumar, has entrusted a cheque bearing No. 10108966, drawn on Federal

Bank, Elambal Branch, of Rs. 2,75,000/- with the appellant towards the

assurance for the said purchase, for and on behalf of the respondents,

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and the obligation of the appellant ta proceed with this compromise

would arise only after the encashment of the said cheque.

. Upon the performance of the obligation of the respondents in Clause

Nod, the respondents will be entitled to enjoy the aforesaid strip of land having the extent of 6.5 feet and length of 50 metres, for the ingress and

egress as well as velioular traffic of the respondents, their successors,

without causing any hindrance by the appellant or the persons claiming under the appellant. Appellant and their successors also have absolute right to use the above pathway without causing any hindrances by the respondents,

The appellant has agreed to cut and remove the trees standing in the aforesaid pathway within 15 days fram the date of signing of this compromise and encashment of the cheque of Rs. 2,75,000 /~ entrusted with her, however, the respondents will not make any claim aver the trees cut and removed from the said property. The appellant is free to take all trees cut and removed from the said property, as of right.

The respondents are free to remove soil fram the afuresaid pathway to make the pathway suitable for vehicular traffic and the respondents have assured the appellant that they shall construct a granite retaining wall on the side of appellant Remya S Krishnan of the aforesaid strip of land

to get stability of the landed property due to the removal of soil, at the

expenses of the respondents.

In view of the aforesaid terms and conditions agreed between the

appellant and the respondents, the appellant pray to decree the

Memorandum. of Appeal in terms of this Compromise, by making this

Compromise as a part of the decree, in the interest of justice.

Date this the 8 day of April, 2021

REMYA 8. KRISHNAN APPELLANT

LEBLA .

RESPONDENT Nod

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