State Of Kerala vs Mariakutty
2021 Latest Caselaw 6858 Ker

RSA 655/2020                        1/3



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 Present:
                  THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

       Friday,the 26th day of February 2021/7th Phalguna, 1942
                           RSA No.655/2020 (C)

     For information purpose only
AS No.27/2015 of the SUB COURT, PALA
OS No.53/2010 of the MUNSIFF COURT, PALA


APPELLANTS/APPELLANTS IN AS/DEFENDANTS IN OS:

1.    STATE OF KERALA,
      REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM, KOTTAYAM
      DISTRICT.

2.    ASSISTANT EXCISE COMMISSIONER,
      COLLECTORATE, KOTTAYAM.

3.    RANGE OFFICER,
      EXCISE RANGE OFFICE, PALA.

      BY GOVERNMENT PLEADER

RESPONDENT/RESPONDENT/PLAINTIFF:

      MARIAKUTTY,
      W/O.CHANDY, KURISUMOOTTIL LALAM KARA, LALAM VILLAGE,
      MEENACHIL TALUK, REPRESENTED BY THE POWER OF ATTORNEY
      HOLDER RAJU K.C., S/O.CHANDY, KURISUMMOOTTIL HOUSE,
      VALLICHIRA VILLAGE, VALLICHIRA P.O., VALLICHIRA KARA.

      BY ADV M/S.ROY CHACKO & K.C.VINCENT

               This Regular Second Appeal having come up for orders
on 26.02.2021, the court on the same day passed the following:
 RSA 655/2020                      2/3




                           N.ANIL KUMAR, J.

----------------

RSA No.655 of 2020

----------------

Dated this the 26th day of February 2021

For information O R D purpose E R only

1. When this RSA has come up for admission, the learned Government Pleader appearing for the appellants/State submits that the suit to declare prescriptive easement over a government land, wherein the Excise Range Office of Pala is situated, has been decreed by the trial court and that although the State has preferred an appeal, the first appellate court dismissed the appeal, confirming the judgment and decree of the trial court.

2. The learned counsel for the respondent submits that in case the way is shifted, the respondent is willing to settle the matter out of court without prejudice to his contentions in the appeal.

3. In view of the submission of the learned counsel for the respondent, it is just and proper to refer this case for mediation. Hence, the parties are directed to appear before this Court on 17.03.2021 at 10.15 am. The appellants or the authorized representatives of the appellants are permitted to appear before this Court for mediation. Post on 17.03.2021 at 10.15 am.

Sd/-

                                            N.ANIL KUMAR,JUDGE
bka/26.02.2021
 RSA 655/2020        3/3

                /true copy/
                                          Sd/-
                              ASSISTANT REGISTRAR

For information purpose only