Kerala High Court
Sahadevan vs V.S.Babu on 7 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 77% DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
RSA NO. 394 OF 2022
AGAINST THE JUDGMENT AND DECREE DATED 21.10.2019 IN AS 25/2015 OF
SUB COURT, CHERTHALA
AGAINST THE JUDGMENT AND DECREE DATED 30.01.2015 IN OS 832/2008 OF
ADDITIONAL MUNSIFF COURT, CHERTHALA
APPELLANT/1ST APPELLANT IN AS.25/2015/
1ST DEFENDANT IN OS .832/2008:
SAHADEVAN,
AGED 69 YEARS
S/O. KUMARY THANDAR, PUTHEN THARAYI,
PADINJATTUMKARA SOUTH MURI,
THURAVOOR SOUTH VILLAGE, ALAPPUZHA - 688 532.
BY ADVS.
R.PARTHASARATHY
SEEMA
RESPONDENTS /RESPONDENT & 2ND APPELLANT IN AS .25/2015/
PLAINTIFF & 2ND DEFENDANT IN OS.832/2008:
1 V.S.BABU,
AGED 72 YEARS
$/O. VASUDEVAN, VADAKKETHARAYIL HOUSE,
RAMAVARMAPURAM DESOM, VILVATTOM VILLAGE,
THRISSUR DISTRICT FROM VADAKKETHARA,
THIRUMALA P.O., PUTHENKAVU,
PADINJATTUMKARA SOUTH MURI,
THURAVOOR SOUTH VILLAGE, ALAPPUZHA 688 532.
2 ARAVINDAKSHAN, (DELETED)
AGED 64 YEARS, S/O. KUMARY THANDAR, PUTHEN THARAYI,
PADINJATTUMKARA SOUTH MURI, THURAVOOR SOUTH VILLAGE,
ALAPPUZHA - 688 532. (R2 IS DELETED FROM THE PARTY
ARRAY AS PER ORDER DATED 11.04.2023 IN IA.1/2023.)
"REA NO, 394 OF 2022
BY ADVS.
HARISH R. MENON
K.T.SHYAMKUMAR (K/574/1993)
KN. ABHA (K/281/1996}
A.G. PRASANTH (K/525/2014)
K.S. SREEJA (K/270/2015)
ALEENA SEBASTIAN (K/737/2022)
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
07.68.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO. 394 OF 2022
T.R.RAVL J.
2 a A NA A ke TS aN A ER ON HH
Lana hada hack olheahedaahedhadenladenteshetanteteatashadastednalentadashetnalemadenberhedasadaehacnsieshaden sad
[UDGMENT
The case had been referred for mediation. The Nodal
officer has placed the memorandum of settlement arrived at
between the parties at the mediation.
In view of the settlement arrived at between the parties,
this second appeal is closed in terms of the settlement. The
memorandum of settlement shall be treated as part of the
judgment.
Sd/-
T.R.RAVI
JUDGE
sn
'
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
RSA No. 394 of 2022
Sahadevan > Appellant
Vs.
V.S Babu & Anr : Respondents
Mediated Settlement Agreement
MEMORANDRUM OF AGREEMENT UNDER SECTION 89 OF THE CODE
OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA
CIVIL PROCEDURE (MEDIATION), RULES, 2008:
During the course of mediation parties agreed to have a clear
demarcation and fencing of the boundary between the properties of both
parties. Both the parties have come up with their suggestion and have
mutually agreed for a full and final settlement of the disputes between
them on the terms and condition stated below:-
The parties have agreed to settle all the claim on the following terms
and conditions.
their respective properties in the presence of their lawyers anc
prepare a sketch. Accordingly survey was done and sketch wes
prepared. The same is appended to this Mediation Settiement
Agreement.
*
2. During the Survey it was found that properties of the parties are
overlapping.The Surveyor in his sketch has identified the same. Both
the parties agreed that the overlaping yellow portion as shown in
the sketch will be exchanged in return to the red partion shown in
the sketch. Thereby both parties executed an exchange deed with
respect to overlapping properties. Copy of the registered exchange
deed is also appended to this Mediation Settlement Agreement.
Tilnedt me sotog.
PG Mais) os
Kochi - 082 231
wpe
3, Both parties
partes agreed to canstruct a boundary wail to have a
clear demarcation of thei
| ke ation of their respective property. Accordingly Appellant
constructed the East-West boundary wall |
and Respondent
North-South boundary wall.
constructed the |
4 Appellant and his brother has 3 cents of plot in the South-West
corer of the respondent property. Respondent agree to permit the
Appellant & his legal heirs and his brother to access the above 3
cents of property through the Southern portion of the Respondent's
property lying in between the Plaint Schedule Property and the
above mentioned 3 cents of property.
5 AY the above clauses agreed between the parties have been
executed and parties have no further disputes or claims with respect
to the cause of action raised in the above Origian! Suit.
& The parties oars 4 that the afare mentioned settlement resolves
ail sending € Hsputes Haweeen them and that they will be percluded
from raising any against gach ether in future above and
beyond the Germs & af the settlement
bated this the Ist day of August, 2029.
appellant i" Respondent
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