Kerala High Court

Sujatha vs Vender Sreekrishna Swami ... on 6 October, 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 67" DAY OF OCTOBER 2022 / 14TH ASWINA, 1944

RSA NO. 272 OF 2018

AGAINST THE JUDGMENT IN AS 67/2012 OF SUB COURT, KARUNAGAPPALLY

OS 558/1998 OF MUNSIFF COURT, KOTTARAKKARA

APPELLANTS /ADDL.APPELLANTS IN A.S. & LR'S OF PLAINTIFF IN SUIT:

1 SUJATHA
D/O, BHANUMATHI AMMA, AGED 52, RAJ BHAVAN, MALOOR P.O.,
PATHANAPURAM, NOW RESIDING AT PERUKATTU VEEDU, VENDAR MURI,
PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM, PIN-691 507.

2 G.S.SINDHU @ RAJI S. SINDHU
AGED 30 YEARS
D/O. SUJATHA, RAJ BHAVAN, MALOOR P.O., PATHANAPURAM, KOLLAM, NOW
RESIDING AT PERUKATTU VEEDU, VENDAR MURI, PUTHOOR VILLAGE,
KOTTARAKKARA, KOLLAM, PIN-691 507.

BY ADVS.
SRI.T.KRISHNANUNNI (SR.}
SRI.ASEWIN SATHYANATH
SMT.M.R.MINI

SMT .MEENA.A.
SRI.SAJU.S.A

SRI.VINOD RAVINDRANATH
SRI.VINAY MATHEW JOSEPH

RESPONDENTS/RESPONDENTS AND ADDL.RESPONDENTS IN A.S. AND DEFENDANTS 1, 3 TO 6 &

L.R'S OF DEFENDANT NO.2 & 7 IN SUIT:

1 G.GOPINATHAN PILLAI [DIED] AGED 64 YEARS S/O. GOVINDAN PILLAI, PERUKATTU PUTHEN VEEDU, VENDAR, PUTHOOR, KOTTARAKKARA, KOLLAM, PIN-691 507. [IT IS RECORDED THAT THE 1ST RESPONDENT EXPIRED AS PER ORDER DATED 7.2.2022 IN MEMO DATED 01.10.2021 IN R.S.A.272/2018]

2 J. MAYADAS AGED 45 YEARS 8/O. JANARDHANA KURUP, PERUKATTU PUTHEN VEEDU, VENDAR MURI, NEDUVATHOOR VILLAGE, FROM SREESHYLAM, MANAKKATTU MURI, MYNAGAPPALLY VILLAGE, KOLLAM, PIN-690 519.

3 A. HAREESH KUMAR AGED 40 YEARS S/G. APPUKUTTAN PILLAI, THEVALAPURAM PANDINJARU MURI, NEDUVATHOOR VILLAGE, KOTTARAKKARA-691 506,

4 S. NARAYANA PILLAI AGED 80 YEARS S/O. SANKARA PILLAI, VALAYANATTU VEEDU, VENDAR MURI, PUTHOOR VILLAGE, KOTTARAKKARA-691 507.

5 B. SARADAMANI DEVI

AGED 75 YEARS D/O. BHAVANI AMMA, CHANDRODAYAM, NEELESWARAM MURI, KOTTARAKKARA

VILLAGE, KOTTARAKKARA-691 505.

R.S.A.Nos.272, 277 & 440 of 2018

6 INDIRA BHAI AGED 73 YEARS W/O. BHASKARAN NAIR, SAJU BHAVAN, THEKKUMPURAM MURI, PUTHOOR VILLAGE, KOTTARAKKARA-691 507.

7 SAJUKUMAR AGED 48 YEARS S/O. BHASKARAN NAIR, SAJU BHAVAN, THEKKUMPURAM MURI, PUTHOOR VILLAGE, KOTTARAKKARA-691 507.

8 BIJUKUMAR AGED 43 YEARS S/O. BHASKARAN NAIR, SAJU BHAVAN, THEKKUMPURAM MURI, PUTHOOR VILLAGE, KOTTARAKKARA-691 507.

9 JAYA AGED 43 YEARS W/O. HAREESH KUMAR, PARACKAL VEEDU, THEVALAPPURAM WEST, NEDUVATHUR VILLAGE, KOTTARAKKARA-691 506.

10 SREEHART (MINOR) AGED 15 YEARS S/O. HAREESHKUMAR & JAYA, PARACKAL VEEDU, THEVALAPPURAM WEST, NEDUVATHUR VILLAGE, KOTTARAKKARA-691 506, REPRESENTED BY HIS MOTHER AND GUARDIAN JAYA (RESPONDENT NO.9).

11 MURAHARI (MINOR) AGED 15 YEARS S/O. HAREESHKUMAR & JAYA, PARACKAL VEEDU, THEVALAPPURAM WEST, NEDUVATHUR VILLAGE, KOTTARAKKARA-691 506, REPRESENTED BY HIS MOTHER AND GUARDIAN JAYA (RESPONDENT NO.9}).

12 SIVAHARI (MINOR) AGED 11 YEARS S/O. HAREESHKUMAR & JAYA, PARACKAL VEEDU, THEVALAPPURAM WEST, NEDUVATHUR VILLAGE, KOTTARAKKARA-691 506, REPRESENTED BY HIS MOTHER AND GUARDIAN JAYA (RESPONDENT NO.39).

13 GIREESH KUMAR AGED 49 YEARS S/G. BARATHI AMMA, PARACKAL VEEDU, THEVALAPPURAM WEST, NEDUVATHUR VILLAGE, KOTTARAKKARA-691 506.

14 SREEKALA AGED 55 YEARS D/O. BARATHI AMMA, PARACKAL VEEDU, THEVALAPPURAM WEST, NEDUVATHUR VILLAGE, KOTTARAKKARA-691 506.

[APPELLANT NO.1, K. BHANUMATHI AMMA DIED PENDING THE APPEAL AND HER L.R'S WERE IMPLEADED AS ADDL. APPELLANTS 2 & 3 WHO ARE THE APPELLANTS IN THIS R.5.A.]

[RESPONDENT NO.2, M. BHASKARAN NAIR AND RESPONDENT NO.7, K.BHARATHIT AMMA DIED PENDING THE APPEAL AND THEIR L.R.'S WERE IMPLEADED AS ADDL. RESPONDENTS 8 TO 14 AND 15 & 16 RESPECTIVELY]

BY ADV SRI.GEORGE VARGHESEPERUMPALLIKUTTIYIL

THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 06.10.2022, ALONG WITH RSA.277/2018, 4406/2618, THE COURT GN THE SAME DAY DELIVERED THE

FOLLOWING:

R.S.A.Nos.272, 277 & 440 of 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

THE HONOURABLE MRS. JUSTICE M.R.ANITHA

THURSDAY, THE 674 DAY OF OCTOBER 2022 / 14TH ASWINA, 1944

RSA NO. 277 OF 2018

AGAINST THE JUDGMENT IN AS 6/2012 & A.S.No.39/2013 OF SUB COURT,

KARUNAGAPPALLY OS 506/1998 OF MUNSIFF COURT, KOTTARARKARA

APPELLANTS/ADDL.APPELLANT NO.2 AND RESPONDENTS 5, 6 IN A.8,No.6/2012 &

APPELLANTS IN A.S.NO.39/2013 AND DEFENDANTS 3 TO 5 IN SUIT.:

SUJATHA

D/O. BHANUMATHI AMMA, AGED 48, RAJ BHAVAN, MALOOR P.O., PATHANAPURAM, NOW RESIDING AT PERUKATTU VEEDU, VENDAR MURI, PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM, PIN-691 507,

G.S.SINDHU @ RAJI S. SINDHU

AGED 28 YEARS

D/O. SUJATHA, RAJ BHAVAN, MALOOR P.O., PATHANAPURAM, KOLLAM, NOW RESIDING AT PERUKATTU VEEDU, VENDAR MURI, PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM, PIN-691 507.

SOMARAJAN NAIR

AGED 50 YEARS

S/G. GOPALA PILLAI, RAJ BHAVAN, MALOOR P.O., PATHANAPURAM, KOLLAM, NOW RESIDING AT PERUKATTU VEEDU, VENDAR MURI, PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM, PIN-69] 507.

BY ADVS.

SRI.T.KRISHNANUNNI (SR.) SRI.ASHWIN SATHYANATH SNT.M.R.MINT

SMT .MEENA.A.

SRI .SAJU.S.A

SRI.VINOD RAVINDRANATH SRI.VINAY MATHEW JOSEPH

BESPONDENTS /RESPONDENTS 1 TO 3 IN A.S,.NO.39/2013 AND NOT PARTIES IN A.S.NQ.6/2012 AND RESPONDENTS 1, 2 AND 4 TO 11 IN A.S.NO.39/2013 AND

PLAINTIFFS AND NOT PARTIES IN SUIT:

VENDAR SREEKRISHNA SWAMI KSHETHRAM CHARITABLE TRUST VENDAR, PUTHOOR, KOTTARAKKARA TALUK, KOLLAM, PIN-691 507, REPRESENTED BY ITS PRESENT SECRETARY G. GOPINATHAN PILLAI.

G.GOPINATHAN PILLAI (DIED}

AGED 64 YEARS

S/O. GOVINDAN PILLAI, AGED 64, PERUKATTU PUTHEN VEEDU, VENDAR, PUTHOOR, KOTTARAKKARA, KOLLAM, PIN-691 507.

{FT IS RECORDED THAT THE 2ND RESPONDENT EXPIRED AS PER ORDER DATED 7.2.2022 IN MEMO DATED 1.10.2021 IN R.S.A.277/2018].

R.S.A.Nos.272, 277 & 440 of 2018

3 GOPALAKRISHNA PILLAI AGED 54 YEARS S/O. BALAKRISHNA PILLAI, AGED 54, PERUKATTU PUTHEN VEEDU, VENDAR, PUTHOOR, KOTTARAKKARA, KOLLAM, PIN-691 507.

4 INDIRA BHAI AGED 74 YEARS W/O. BHASKARAN NAIR, SAJU BHAVAN, THEKKUMPURAM MURI, PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM, PIN-691 507.

5 SAJUKUMAR AGED 49 YEARS S/O. BHASKARAN NAIR, SAJU BHAVAN, THEKKUMPURAM MURI, PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM, PIN-691 507.

6 BIJUKUMAR AGED 44 YEARS S/O. BHASKARAN NAIR, SAJU BHAVAN, THEKKUMPURAM MURI, PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM, PIN-691 507.

7 RAHUL S. NAIR AGED 28 YEARS 5/0. SUJATHA, PERUKATTU VEEDU, VENDAR MURI, PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM, PIN-691 507.

8 SANKARA PILLAI AGED 76 YEARS S/O. BHANUMATHI AMMA, MANGALATHU THEKKATHIL, ARAKKUNNAM, SASTHAMCOTTA-682 313.

9 ANITHA DEVI AGED 69 YEARS D/G,. BHANUMATHI AMMA, GHERUVILKATTU VEEDU, THUMPAMON NORTH P.O., ELAVUMTHITTA, PATHANAMTHITTA-689 625,

10 GOPALAKRISHNA PILLAI AGED 64 YEARS (FATHER'S NAME NOT KNOWN TO THE APPELLANTS), SREEVILASAM, KOONAYIL, PARAVOOR P.O., KOLLAM-691 301.

BY ADV GEORGE VARGHESE (PERUMPALLIKUTTIYIL)

THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 06.10.2022, ALONG WITH RSA.272/2018 AND R.S.A.440/2018, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:

R.S.A.Nos.272, 277 & 440 of 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

THE HONOURABLE MRS. JUSTICE M.R.ANITHA

THURSDAY, THE 6™= pAY OF OCTOBER 2022 / 14TH ASWINA, 1944

RSA NO. 440 OF 2018

AGAINST THE ORDER/JUDGMENT IN AS 61/2012 OF SUB COURT, KARUNAGAPPALLY

OS 495/1996 OF MUNSIFF COURT, KOTTARAKKARA

APPELLANTS/APPELLANTS/PLAINTIFYS:

RAJI $.SINDHU

AGED 30 YEARS

D/O SUJATHA, RESIDING AT RAJ BHAVAN, MALOOR PO, PATHANAPURAM, KOTTARAKKARA TALUK.

SUJATHA AGED 51 YEARS, D/O BHANUMATHI AMMA,RESIDING AT' RAJ BHAVAN, MALOOR PO, PATHANAPURAM, KOTTARAKKARA TALUK.

BY ADVS.

SMT .MEENA.A.

SRI.ASHWIN SATHYANATH SMT .M.R.MINI SRI.SAJU.S.A

SRI.VINOD RAVINDRANATH SRI.VINAY MATHEW JOSEPH

RESPONDENTS /RESPONDENTS/DEFENDANTS:

BHANUMATHI AMMA, (DIED) {LEGAL HEIR RECORDED)

AGED ABOUT 91 YEARS, D/O KARTHYAYANI AMMA,RESIDING AT PERUKATTU VEEDU, VENDAR MURI,VENDAR PO, PUTHOOR VILLAGE, KOTTARAKKARA, PIN-691507.

{IT IS RECORDED THAT RESPONDENT NO.1 DIED AND APPELLANT NO.2 IS THE LEGAL HEIR OF DECEASED 1ST RESPONDENT AS PER ORDER DATED 07,02,2022 VIDE MEMO DATED 18.12.2021.)

BHASKARAN NAIR [DIED] (LEGAL HEIRS RECORDED) AGED 71 YEARS, S/O KESAVA PILLAI, RESIDING AT SAJU BHAVAN , THEKKUPURAM MURI, PUTHOOR FPO, KOTTARAKKARA, PIN-691507.

GOPINATHA PILLAI, (DIED - RECORDED) AGED 72 YEARS, S/O GOVINDA PILLAI, RESIDING AT PERUKATTU PUTHEN VEEDU, VENDAR MURI, PUTHOOR VILLAGE , KOTTARAKKARA-691507.

(IT IS RECORDED THAT THE 3RD RESPONDENT EXPIRED ON 20.08.2021 AS PER ORDER DATED 06.10.2022 VIDE MEMO DATED 01.10.2021.)

INDIRA BHAI [DIED -- LRS RECORDED]

AGED 77 YEARS, W/O BHASKARAN NAIR, SAJU BHAVAN, THEKKUPURAM MURI, PUTHOOR PO, KOTTARAKKARA, PIN-691 507.

SAJU KUMAR, (STRUCK OFF)

AGED 51 YEARS, S/O BHASKARAN NAIR, SAJU BHAVAN, THEKKUPURAM MURI, PUTHOOR PO, KOTTARAKKARA, PIN-691507.

R.S.A.Nos.272, 277 & 440 of 2018

6 BIJU KUMAR, (STRUCK OFF} AGED 46 YEARS, S/O BHASKARAN NAIR, SAJU BHAVAN, THEKKUPURAM MURI, PUTHOOR PO, KOTTARAKKARA, PIN-691507.

IT IS RECORDED THAT R2 AND R4 DIED AND THEIR LEGAL HEIRS ARE ALREADY IN THE PARTY ARRAY AS RESPONDENTS 5 AND 6 AS PER THE ORDER DATED 06.10.2022 IN MEMO DATED 18.12.2021.)

THE NAMES OF RESPONDENTS 5 AND 6 ARE STRUCK OFF AT THE RISK OF THE APPELLANTS AS PER ORDER DATED 17.06.2022 IN TA.2/2022.

ADDL.R7 ANITHA DEVI, (STRUCK OFF) D/O.LATE BHANUMATHI AMMA, 'KARTHIKA', MANNAN NAGAR P.O. , PERUMPULIKKAL, PANDALAM, PATHANAMTHITTA DISTRICT,PIN-683 520.

ADDL. R& SHANKARA PILLAI, {STRUCK OFF} S8/O.LATE BHANUMATHI AMMA,MANGALATH THEKKE THIL,AYIKANAM, SHASTHAMKOTTA P.O. ,KOLLAM, PIN-690 521.

ADDL.R9 REMYA, (STRUCK OFF) AGED 35,D/O.LATE GOPALAKRISHNA PILLAI, (SON OF THE LATE BHANUMATHI AMMA), 'SREE VILASAM' , KOONAYIL P.O. , PARAVOOR, KOLLAM, PIN-691 302.

ADDL.R10 RESHMA, (STRUCK OFF) AGED 32,D/0.LATE GOPALAKRISHNA PILLAI, (SON OF THE LATE BHANUMATHI AMMA), ''SREE VILASA', KOONAYIL P.0.,PARAVOOR, KOLLAM, PIN-691 302.

ADDL.R11 RAGINI, (STRUCK OFF) AGED 30,D/0.THE LATE GOPALAKRISHNA PILLAI, (SON OF THE LATE BHANUMATHI AMMA) 'SREE VILASAM' , KOONAYIL P.O, , PARAVOOR , KOLLAM, PIN-691 302.

(RESPONDENTS 7 TO 11 ARE STRUCK OFF FROM THE PARTY ARRAY AS PER ORDER DATED 06.10.2022 IN IA.3/2022.)

(THE LEGAL HEIRS OF DECEASED 1ST RESPONDENT ARE IMPLEADED AS ADDITIONAL R7 TO R11 AS PER ORDER DATED 10.03.2022 IN TA.2/2021.)

ADDL.R1Z RAMMOHAN AGED 62 YEARS S/O.GOVINDAN NAIR,PRESENT PRESIDENT OF VENDAR SREEKRISHNASWAMY KSHETHRAM CHARITABLE TRUST,RESIDING AT 'SANTHIM' , VENDAR P.O. ,KOTTARAKKARA, PIN-691 507. {ADDL,R12 IS IMPLEADED AS PER ORDER DATED 17.06.2022 IN TA.1/2022.)

BY ADVS.

SRI..GEORGE VARGHESE (PERUMPALLIKUTTIYIL) [CAVEATOR] GEORGE VARGHESE (PERUMPALLIKUTTIYIL)

A.R.DILEEP

THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 06.10.2022, ALONG WITH RSA.272/2018 & R.S.A.277/2018, THE COURT ON THE SAME DAY DELIVERED

THE FOLLOWING:

R.S.A.Nos.272, 277 & 440 of 2018

COMMON JUDGMENT

{RSA Nos.272/2018, 277/2018, 440/2018]

R.S.A.No.272/2018 has been filed against the judgment in A.S.No.67/2012 on the files of Subordinate Judge's Court, Karunagappally, which arose out of the judgment in

O.S.No0.558/1998 on the files of Munsiff's Court, Kottarakkara.

2. R.S.A.No.277 has been filed against the judgment and decree in A.S.No.6/2012 and A.S.No.39/2013 on the files of Subordinate Judge's Court, Karunagappally, which were filed against the judgment and decree in O.S.No.506/1998 on the files

of Munsiff's Court, Kottarakkara.

3. R.S.A.No.440/2018 has been directed against the judgment in A.S.No.61/2012 on the files of Subordinate Judge's Court, Karunagappally which in turn arose out of the judgment and decree in 0.S.No.495/1998 on the files of Munsiff's Court,

Kottarakkara.

4. On 17.06.2022 when the above R.S.As were taken up, the learned counsel for both sides submitted that the matters

can be settled in mediation and accordingly the cases were

R.S.A.Nos.272, 277 & 440 of 2018

referred for mediation to Ernakulam Mediation Centre, (High Court Hall). The mediator filed report stating that the matter has been settled in mediation and a memorandum of agreement has

also been forwarded.

9. Respondents 1 to 4 died pending this appeal. Additional respondents 7 to 11 are impleaded as the legal heirs of deceased first respondent. Respondent Nos.5 and 6 are recorded as the legal heirs of deceased respondent Nos.2 and 4. Third respondent alleged to have been impleaded in this suit in his capacity as the President of Vendar Sreekrishna Swami Kshethram Charitable Trust. Hence, after his death, 12" additional respondent has been impleaded as the present President of the Trust. Subsequently, respondent Nos.5 to 11

were deleted from the party array.

6. The appellants in RSA No.440/2018 as well as the third appellant in R.S.A.No.277/2018 as appellants and the remaining 12" additional respondent in R.S.A.No.440/2018 entered into an amicable settlement and memorandum of agreement has been

executed between them.

R.S.A.Nos.272, 277 & 440 of 2018

7. On going through the memorandum of agreement, I am satisfied that all the terms of settlement are legal and proper and there is no impediment in recording the terms of settlement arrived at between the parties. Hence the memorandum of agreement executed between the parties is

hereby recorded.

8. In the result, R.S.A.No.440/2018 is allowed in terms with the memorandum of agreement. The memorandum of agreement as well as the sketch attached to it will form part of

the decree.

9. In view of the mediation agreement,

R.S.A.Nos.272/2018 & 277/2018 are dismissed as withdrawn. All other pending I.As. are closed.

Sd/-

M.R.ANITHA

SHG JUDGE

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

RSA _Nos. 440 of 2018, 277 of 2018 & 272 of 2018 Raji S Sindhu & Atheys : Appellants Vs.

Bhanumathi Amma (Died) and others : Respondents

REPORT SUBMITTED BY THE MEDIATOR ADV. ZOHRA M.A,

Mediated, matter is settled.

Settlement Agreement is attached herewith.

Dated this the 20" day of July, 2022,

Adv. Zohra Mediator Ernakulam Mediation Centre

BEFORE THE HONOURABLE HIGH COURT OF RERALA AT ERNARULAM RSA Nos. 440 of 2018, 277 of 2018 & 272 of 2018 Ra}l S Sindhu & Others - Appellants Va, Bhanumathi Amma (Died) and others : Respondents

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL, PROCEDURE READ WITH RULES 24 & 25 OF THE cIvin PROCEDURE {ALTERNATIVE ENSPUTE RESOLUTION), RULES, 2008:

The real parties to the above three Appeals being 1. Rali.S Sindhu {>

G.S Sindhu, Dyo.Sujatha, 2. Sujatha, Dio. Bhanumathiamma and 3. Somarafan Nair, S/o.Gopala Pillai and husband of Sujatha on the side of Appellants and Vendar Sreekrishna Swami Kshethram Charitable Trust represented by the present President G Ram Mohan, S'o. K.Govindan Nair who has been duly authorised by the Temple Trust to represent the Trost and to enter into compromise as regards the matter in dispute vide fits resolution dated 1710/2021 « sa ¥e 5 powdkdind hence the parties have new resolved to settle their disputes on the following Go oe terms and conditions:

i. The actual dispute is pertaining to the fixation of boundary of the property of the

"Se 2° Appellant with property dedicated to the Temple from the property belonging to the Tharawad of the 1% and 3° Appellants. As per the partition deed No.56/1980

* 0 cents of property was earmarked for the temple and 82 cents was alloted to the predecessar-in-interest of the 2" Appellant Raji.S.Sindhu. But on measurement the

actual existing area is only 103.25 cents. Hence the parties by way of compromise

have agreed, to have the extent of 71.25 cents and a2 cents respectively which js eamiarked In the appended suevey sketch. The 7125 cents is shown in green shade

and 32 cents is shown in red shade in the appended survey sketch. The same is

Situated in Survey No.39o/4 formerly in Kulakkadda Vilage and now in

Re-Siuvey No.152/11, 17 in Pathoor Village of Kottarakkara Taluk, Kollam District,

S a nea, se

Yo as

tia eat KS » S85 faecalis Mate Medi ! CEP ay nes

a a £ & RS APL " wenn f ov :.

4 : a i i ALP > o oy i eT,

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The Appellants have agreed to withdraw the connected Appeals namely RSA 2772018 and RSA 2723/2018 in view of the above settlement. The Appellants also agree that they have no further challenge against Exhibit BL and B2 docaments or against the Management and Administration formed as per ExtR2 dafed 13/07/1998.

The Appellants have agreed to hand over possession of properties having an extent 3 cents in Survey No 41Q/18, 16 cents in survey No.d0O/L1 and Lf cents in Survey No.4i1/26 allotted to the temple as per partition deed No.S8/1960 (Ext B1) now to the existing trust. They also agree that the trust can proceed against the persons in octupation and possession of 10 cents in Survey Wo.398/9 A and 14 cents in Survey No.diO/t? allatted to the temple as per partition deed No.S61960 for which they

have no objection,

Gn the above allotment and agreed possession, the dispute between the bath parties are settled finally and amicably between them and they have ne further dispute in this matter, Hence they have no objection in granting a decree in the said terms in

RSA No440 of 2018 and making the sketch a part of the decree.

ETT

23. Hence it is humbly prayed that this Hon'ble Court may be pleased to record this agreement as part of this Hon'ble Court's Judgment in the sbove appeals and granting a decree in RSA 40 of £018 in terms of this Settlement Agreement fn the Interest of justice.

Dated this the 20° day of July, 2022,

Appellants

i. Rai &.Sindhu

2. Sujatha

3. Somarajan Nair

Respondent |< BREST wae

Ssreekrishna Swami Kshethram Charitable Trust represented by the present President G Ram Mohan,

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: 3 é : fe N Roe Ray or a ay fh A Aer ade

ae TS, "4 : , 7 A PR ft de ity a4 f Fg A . ke uv Pec f PA s : ; Pebvec oo ar "|

Counsel forthe Respondent No. (2

Counsel for the Appellants