Kerala High Court

Rasheeda E M vs K.P.Latheef on 22 June, 2023

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 22"? pay oF JUNE 2023 / 1ST ASHADHA, 1945
RSA NO. 12 F 2014
AGAINST THE JUDGMENT IN OS 483/2008 OF PRINCIPAL MUNSIFF COURT, KANNUR
AGAINST THE JUDGMENT AND DECREE IN AS 374/2012 OF SUB COURT, KANNUR
APPE PPLEMENTAL RESPONDENTS NO.2 TO 6/LEGAL HEIRS OF D ED

1 RASHEEDA E M
D/O. E.M, ASMABI, ILLIKKAL MANJUMMAL HOUSE, ARAYAKANDI PARA,
AZHIKODE, KANNUR-9.

2 JAMEELA.E.M.
D/O. E.M. ASMABI, ILLIKKAL MANJUMMAL HOUSE, ARAYAKANDI PARA,
AZHIKODE, KANNUR-9.

3 SAJIDA.E.M.
D/O. E.M. ASMABI, ILLIKKAL MANJUMMAL HOUSE, ARAYAKANDI PARA,
AZHIKODE, KANNUR-9.

4 RASEENA,E.M,.
D/O. E.M. ASMABI, ILLIKKAL MANJUMMAL HOUSE, ARAYAKANDI PARA,
AZHIKODE, KANNUR-9.

5 SHABEER.E.M.
S/O. E.M. ASMABI, ILLIKKAL MANJUMMAL HOUSE, ARAYAKANDI PARA,
AZHIKODE, KANNUR-39.

BY ADVS.
SRI.K.C.SANTHOSHKUMAR
SMT .K.K. CHANDRALEKHA
SMT .K.SHANTHI
K.MOHAMMED RAPHY

RESPONDENT /APPELLANT/DEEENDANT =.

K.P, LATHEEF, S/O.MAHAMOOD.T., AGED 54 YEARS,
RESIDING AT "RIJINAS", KAPPAKKADAVU, AZHIKODE,
P.O.AZHEEKKAL, KANNUR DISTRICT.

BY ADVS.
SRI .V.RAMKUMAR NAMBIAR (CAVEATOR)

THIS REGULAR SECOND APPEAL HAVING COME UP FOR ORDERS ON 22.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:



RSA NO. 1265 OF 2014
4

T.R. RAVI, J.

a an ee

R.S.A. No.1265 of 2014

--=<=--= ee ee a ek ee ee ee ee

Dated this the 22™ day of June, 2023

JUDGMENT

LA.No.1 of 2023 is an application for recording a compromise which has been arrived at between the parties.

In view of the compromise arrived at, this appeal is disposed of, recording the compromise. The compromise agreement annexed to I.A.No.1 of 2023 along with the plan shall become part of this judgment. The parties are directed to

comply with the settlement arrived at.

Sd/-

T.R.RAVI JUDGE

mpm

IA 1/2023 IN RSA 1265/2014-Docket Presented on 15-06-2023

E-IA NO : IA-202319676

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

iA No Of Year 2023

"A RSA No 1265 Of Year 2014

RASHEEDAEM&others --~ : -Appellants/Supplemental Respondents No. , 2 to 6/Legal hers of Deceased Plaintiff

Vs K.P.LATHEEF > Respondent/Appellant/Defendant

FEES PAID & STATUS - 10 (Success)

Sd/-

E-VERIFIED SANTHOSHKUMAR /000319/1985

FSO VERIFIED -3

1A 1/2023 IN RSA 1265/2014-Index Presented on 15-06-2023

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM iA No Of Year 2023

In RSA No 1765 Of Year 2014

RASHEEDA EM : Petitioner

VIS ww

K.P.LATHEEF : Respondent INDEX SL Contents : a Page Nos 1 RECORD COMPROMISE ..- --_ 1-5

| i Sd/-

E-VERIFIED SANTHOSHKUMAR K/000319/1985

BSO VERIFIED -3

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

1.A.No. } of 2023

iN R.S.A.No. 1265 of 2014.

Appellants/Supplemental Respondents No.2 to 6/ Legal heirs of Deceased

Plaintiff

Rasheeda.E.M, D/o.E.M.Asmabi, Illikkal Munjummal House, Arayakandi Para, Azhikode, Kannur-9.

Jameela.E.M., D/o.E .M.Asmabi, Illikkal Munjummal House, Arayakandi Para, Azhikode, Kannur-9.

Sajida.E.M, D/o. E.M.Asmabi, IlLikkal Munjummal House, Arayakandi Para, Azhikode, Kannur-9.

Raseena.E.M, D/o.E.M.Asmabi, Illikkai Munjummal House, Arayakandi Para, Azhikode, Kannur-9.

Shabeer.E.M, S/o.E.M.Asmabi, IMlikkal Munjummal House, Arayakandi Para, Azhikode, Kannur-9.

Respondent/Appellant/Defendant:

1. Rasheeda. E.M. [2 Ql,

3. Sajida.E.M. Su viok

K.P.Latheef, $/o.Mahamood.T, Aged 62 years,

Residing at 'Rijinas', Kappakkadavu, Azhikode, P.O, Azheekkal, Kannur.

5. Shabeer.E.M. CEyab

(APPELLANTS)

2. Jameela.E.M. Ba

4. Raseena.E.M. key

ogee

(RESPONDENT)

YO al A V-RAM kite Maridvak

Agu FOX LES At rtd Kd Fh fre?

COMPROMISE ENTERED INTO BETWEEN THE PARTIES UNDER ORDER Xxill Rule 3 OF CPC

1. The above Regular Second Appeal is filed by the appellants, who are the

legal heirs of late E.M.Asmabi who is the sole plaintiff in 0.$.No.483/2008 before the Munsiff's Court, Kannur. The above Suit 0.S.No.483/2008 was filed by late E.M.Asmabi for a declaration of her easementary right by

prescription over the plaint B schedule property for access to the plaint A schedule property belonging to the plaintiff, Jameela, Sajitha, Raseena and Shabeer, who are in joint possession of plaint A schedule property. A

relief of injunction was also sought for against the defendant respondent

herein for restraining the respondent from obstructing the user of the w said way described in the plaint:B schedule property by the plaintiff. The defendant respondent contended that the plaintiff has no right of easement by prescription or necessity over plaint B schedule property. The defendant atso contended that there is no pathway through the property of the defendant and that the pathway to the plaint A schedule property is through another way. The Munsiff's Court, Kannur after trial decreed the Suit holding that the plaintiff has a right of easement of necessity over a 3 feet wide: pathway through the property of the defendant. Permanent prohibitory injunction was also granted restraining the defendant and his men from causing any sort of obstruction of the plaintiff's user and enjoyment of the 3 feet wide pathway so as to gain Y access to the plaint A schedule property. Aggrieved by the Judgment and Decree, the defendant respondent herein preferred an Appeal as A.S.No.374/2012 before the Subordinate Court, Kannur and the Subordinate Court after a detailed consideration of the facts and the law

1. Rasheeda. E.m. Role 2. Jameela.E.M. (oa

3. Sajida.E.M. saith 4. Raseena.E.M. for} (>!

5. Shabeer.E.m. fase = K.P.Latheef (APPELLANTS) (RESPONDENT)

ee aan Ae ATE A

AbVv- Forw Fé Porta

fo-a 98/1972

reversed the finding of the trial Court atlowing the Appeal and setting the decree and Judgment of the Court below in O.S.No.483/2008 of the Munsiff's Court, Kannur. It is aggrieved by the Judgment and Decree in A.S.No.324/2012 that the above appellants have preferred this Memorandum of Second Appeal R.S.A.No.1265/2014 before this Hon'ble

Court which is now pending consideration.

2. During the pendency of the above Regular Second Appeal, the parties have talked over the matter and settled the case amicably out of Court on the following lines:

i. Both the appellants and respendent do hereby agree that the appellants shall be given a right of access with 81 feet in length and 3 feet width for access to the appellant's property, the way being marked in the sketch plan annexed hereto, as DKLE. The sketch plan is appended along with the compromise petition and shall form part of the compromise.

ii. Both the parties do hereby agree that the said pathway DKLE was fixed after measuring the properties in the presence of both the appellants and the respondent herein and the sketch plan was prepared as agreed to by both the parties.

iii. Both the parties de hereby agree that the above referred pathway DKLE is agreed to by both the parties as a compromise for resolution of the dispute between the parties.

3. Rasheeda. E.M. Roop lo. 2. Jameela.E.M. ye en

3. Sajida.E.M. Sadik 4, Raseena.E.M. Ros

5. Shabeer.£.M.

(APPELLANTS)

K.P.Latheef (RESPONDENT)

VBA tune MANGE IAA

YocAd7é Aor Ad Lbs POMPOMT

Kapa fire?

iv. Both the parties do hereby agree that in view of resolution of disputes

between the parties, the respective costs: of the Suit and the Appeal shall be borne by the respective parties itself.

v. Both the parties do hereby agree that the sketch plan appended along with the compromise petition shall form part of the decree to be passed by this Hon'ble Court.

It is therefore humbly prayed that this Hon'ble Court may be pleased to pass a 7 Compromise Decree on the basis of the above Compromise Petition. wy

Dated this the ...day of June, 2023.

1. Rasheeda. E.M. Kose 2. Jameela.E.M. --a-atepeee

3. Sajida.E.M. sqsich 4, Raseena.E.M. [Roy (a

Shabeer.E.M. Sky : - CP Latheef

Wo (APPELLANTS) (RESPONDENT) KC: Sanin urrtet oa v han Kaar® Counsel for Appellants Counsel for Respondent Y

61 B31 4lag Kova fis?

BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM

RSA No: 1265/2014

Dist : Kannur Rasheeda. E.M & Cthers : Appellants Sub Dis : Valapattanam Village : Azhikode K.P. Latheef : Respondant DesoM : Azhikode RS 4136/1 Sketch Plan N H I | B Cc D K J ji.

3 oo rg 3 F EL 3Ftih M os fo)

a A G =| ee c Na " ------» Kappakkadavu Society Sawmill Road Petitioners / Appellants and Respondent | 1RasheedaE.M Pople Index 2.JameelaEM "sera, ABCDKLEFGA = Property of Respondent 3. Sajida E.M asi I CHIJKDC = Property of Appellants ° 4, Raseena E.M . EDKLE = Pathway . Rey LKJML = Property of third party 5. Shamseer. E.M obey

6.KP.Latheep (if

\ ' fdvu-VAOR Auae ISLE AL

ou C OU AYE For Ag iirs mit fone Visnte

Pre on: .-6....2023

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

[.A.No. if of 2023 IN

R.S.A.No. 1265 of 2014.

Rasheeda & Ors. : Appellants/Supplemental Respondents

No.2 to 6/ Legal heirs of Deceased Plaintiff

Vs.

K.P.Latheef : Respondent/Appellant/Defendant:

COMPROMISE ENTERED INTO BETWEEN THE PARTIES UNDER ORDER XxXIll Rule OF CPC