Kerala High Court

Thankappan Vr vs Chinna on 15 December, 2023

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 15" DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
RSA_NO. 415 OF 2039
AGAINST THE DECREE AND JUDGMENT DATED 07.01.2019 IN A.S.NO.6/2016 ON
THE FILES OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-V, PALAKKAD
AROSE FROM THE DECREE AND JUDGMENT DATED 27.06.2015 IN
0.S.N0.439/2612 ON THE FILES OF THE COURT OF THE MUNSIFF (PRINCIPAL),
PALAKKAD
APPELLANTS/RESPONDENTS/PLAINTIFFS:

1 CHINNA
AGED 81 YEARS, W/O KAMBAN, RESIDING AT PATTATHODI,

POOTHANUR, MUNDUR 1 VILLAGE, PALAKKAD, 678 592

2 MURALEEDHARAN,
AGED 41 YEARS, S/O KAMBAN, RESIDING AT PATTATHODI,

POOTHANUR, MUNDUR 1 VILLAGE, PALAKKAD, 678 592

BY ADVS.

P.B. KRISHNAN
SRI.P.M.NEELAKANDAN
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SRI.MANU VYASAN PETER

RESPONDENTS/APPELLANTS/ DEFENDANTS :

1 THANKAPPAN
AGED 68 YEARS, S/O RAGHAVAN,
RESIDING AT AYIKKANAYIL VEEDU,PATTATHODI, POOTHANUR,

MUNDUR 1 VILLAGE, PALAKKAD-678 592.

2 LEELA,
AGED 64 YEARS, W/O THANKAPPAN,
RESIDING AT AYIKKANAYIL VEEDU, PATTATHODI, POOTHANUR,
MUNDUR 1 VILLAGE, PALAKKAD-678 592.

BY ADVS.
SRI.SAJAN VARGHEESE K.
SRI.LIJU. M.P


R.S.A. Nos. 415 & 976 of 2019

THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
15.12.2623, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


R.S.A. Nos. 415 & 976 af 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 15"* DAY OF DECEMBER 2623 / 24TH AGRAHAYANA, 1945
RSA NO. 976 OF 26019
AGAINST THE DECREE AND JUDGMENT DATED 67.01.2619 IN A.S.NO.6/2016
ON THE FILES OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE-V,
PALAKKAD AROSE FROM THE DECREE AND JUDGMENT DATED 27.86.2015 IN
0.S.NO.439/2012 ON THE FILES OF THE COURT OF THE MUNSIFF
(PRINCIPAL), PALAKKAD

APPELLANTS/APPELLANTS/DEFENDANTS:

i THANKAPPAN VR
S/O. RAGHAVAN, AGED 78 YEARS, AYIKKARAYIL VEEDU,

PATTATHODI, POOTHANOOR AMSOM AND POST, MUNDUR 1 VILLAGE,
PALAKKAD TALUK AND DISTRICT.

2 LEELA,
W/O. THANKAPPAN, AGED 64 YEARS, AYIKKARAYIL VEEDU,
PATTATHODI, POOTHANOOR AMSOM AND POST, MUNDUR 1 VILLAGE,

PALAKKAD TALUK AND DISTRICT.

BY ADVS.
SAJAN VARGHEESE K.
SRI.LIJU. M.P

RESPONDENTS/RESPONDENTS/DEFENDANTS :

1 CHINNA
W/O. KAMBAN, AGED 82 YEARS, PATTATHODI,

POOTHANOOR AMSOM AND POST, MUNDUR 1 VILLAGE,
PALAKKAD TALUK AND DISTRICT.

2 MURALEEDHARAN,
S/O. KAMBAN, AGED 42 YEARS, PATTATHODI,
POOTHANOOR AMSOM AND POST, MUNDUR 1 VILLAGE,
PALAKKAD TALUK AND DISTRICT.

BY ADVS.
SRI.P.B.KRISHNAN
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE


R.S.A. Nos. 415 & 976 of 2019

SRI .MANU VYASAN PETER
SMT ..B.ANUSREE
SMT .MEERA P.

THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:



R.S5.A. Nos. 4145 & 976 of 2019

JUDGMENT

Dated this the 15" day of December, 2023

R.S.A. No.415 of 2019 has been filed under order XLIt Rule 1 read with Section 100 of the Code of Civil Procedure ("CPC" hereinafter) challenging the decree and judgment in A.S. No.6 of 2016 dated 07.01.2019 on the files of the Court of the Additional District Judge-V, Palakkad arose from decree and judgment in 0.S. No.439 of 2012 dated 27.06.2015 on the files of the Court of the Principal Munsiff, Palakkad. The appellants in R.S.A. No.415 of 2019 are the plaintiffs and the respondents are the defendants in

0.S. No.439 of 2012.

2. RS.A. No.976 of 2019 has been filed at the instance of defendants, challenging the same decree and judgment in A.S. No.6 of 2016 dated 07.01.2019 on the files of the Court of the Additional District Judge-V, Palakkad arose from decree and judgment in O.S. No.439 of 2012 dated 27.06.2015 on the files of the Court of the Principal

Munsiff, Palakkad. The respondents in R.S.A. No.976 of 2019

R.S.A. Nos, 415 & 876 of 2019

are the plaintiffs in O.S. No.439 of 2012.

3, tn these matters, partles entered into compromise and filed compromise petition as LA. No.1/2023 incorporating a sketch also In RSA. No.415/2019.

In view of the settlement, the verdicts under challenge in these second appeals stand set aside in substitution of the compromise as per LA. No.1/2023. Accordingly, these second appeals stand disposed of in terms of 1.A. No.1/2023 inclusive of the sketch appended thereto. The compromise petition and the sketch appended

thereto shall form part of this judgment.

Sd/-

A. BADHARUDEEN JUDGE

IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.No, | of 2093 IN RS.A No, 415 of 2019

APPLICANTS - . Appellants in RSA

1, Chinna, aged 83 years, W/o Kamban,

residing at Pattathodi, Poothanur, Mundur I village, Palakkad District, Pin -- 67 8592.

Muraleedharan,

aged 43 years, S/o Kamban, |

residing at Pattathodi, Poothanur, Mundur I village, Palakkad District, Pin -- 678592.

--versus-- |

RESPONDENTS- ----_Respondenis in RSA

1. Thankappan, aged 70 years, S/o Raghavan, residing at Ayikkanayil veedu, Pattathodi, | Poothanur, Mundur I village, Palakkad District, Pin -- 678592. ;

Leela, aged 67 years, W/o Thankappan, residing at Ayikkanayil veedu, Pattathodi,

Poothanur, Mundur I village, Palakkad District, Pin ~ 678592, "Se aan Appellant No.i a tren Reependent Now 7) owt ree cok --

Appellant ne.2 Q(0 £2') wae _ Respondent no. 2 fect A

es I A ESE SGN SS SORS GSS Ce ee ESR aad EN

PETITION FILED UNDER ORDER XXHI RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908

1. The above Regular Second Appeal is filed by the Plaintiffs in O.S No. 439 of 2012 on the file of the Munsiff's Court, Palakkad seeking fixation of boundaries and permanent prohibitory injunction. The trial court granted the decree for injunction in respect of the plaint B schedule property. However in the first appeal preferred against the said decision by the Defendants as A.S No. 6 of 2016 before the Addl. District Court-V, Palakkad, the lower appellate court confined the injunction to 2.10 cents. Being aggrieved by the decision of the lower appellate court, the

Applicants herein filed the above Regular Second Appeal.

2 The parties to the above Regular Second Appeal have settled their

differences out of court and in view of the said settlement; the above

Regular Second Appeal can be disposed in terms of this compromise.

3. The parties have fixed the boundary line between their properties

and thus demarcated their respective boundaries... «0. ) > The | sketch prepared with the assistance of a Land Surveyor is produced

herewith, 0s. i+). . >? 4. As per the terms of the settlement,

property shown as plot No.lin.' t{he.. sketch which measures 20.24

ares is demarcated as the property of the Respondents (Defendants in the

suit) and plot No.2 admeasuring 3.64 ares is demarcated as the property of

ts (Plaintiffs in the sui).

the Appellants (Plai 7D. ab we ea 7

4 SR Appellant No. | al Im Respondent No.1 a Appellant No.2 R202] Ww (OLE Respondent No.2 -- Ios ' ee wu "ee 'A

4. The decree and judeme

re decree and judgment passed by the Additional District Court-V, Palakkad in A.S No. 6 of 2016 on its file and O.S No. 439 of 2012 on the file of the Munsiffs Court, Palakkad may be set aside and a modified

decree may be passed accepting this compromise.

>. The above Regular Second Appeal is settled between the parties in

the terms and conditions set out hereinabove.

It is therefore humbly prayed that this Hon'ble Court may be pleased to allow this Application, and dispose of the above Regular Second Appeal

in terms of the compromise, with no order as to costs.

Dated this the 13" day of November, 2023

wD Lwal A Re alm ° T

Appellant No. 1 Respondent No.1

Appellant No.2 ' @ sz fw (Derk «S%sRespondent No.2 tet;

Respondent has signed before me

Appellants have signed before me

on 13.11.2023 at my office on 13.11.2023 at my office

at Palakkad. at Palakkad.

7 \ie Counsel for Zap ae Counsel for Respondents

All the facts stated above are true.

Mogae (CL

Appellant No. | af Jw Respondent No.1 ------ ¢ £ Led *) Pet ' ates ee! Sa Appellant No.2 GeCOo> )Whdedefe Respondent No.2 7" n me SEA Qann nt aera i ;

We AN Ne \ "

. pana

-- aC rss, 7

a?

Vo ah \ Avene ZA GLEE VE _ t°on quapucdsay gradi So AF 2 eN quutraddy sof T°OM guvyraddy LMA L?

sho [O92221%5

Saat

mie "2 YOATANNS GNVI ES WDLVS |

- uaddeyueyy jo Avedold

Ost

-

on

a

ueddeyueus, jo Avedoid

ueddeyuey) $0 Apadory

cb ON 4PCld

JO}IBH VIEOO C¢ Ane

PExAEIEd

JOSH pZOZ'O BAY

b/@ZL ONAS pUISIC |

PEYHE/ed

a jinpunyy «abe