Kerala High Court
Iranhivalappil Paru,(Died) vs Padinharayil Gopalan(Represented By ... on 1 February, 2024
IN THE HIGH COURT OF KERALA AT ERNARKULAM
PRESENT
THE HOWQURARLE MR. JUSTICE A. BADHARUDEEN
TRURSDAY, THE 1° pay OF FEBRUARY 2024 / 12TH MAGHA, 1945
RSA NO. LI8S OF 2017
AGAINST THE JUDGMENT AND DECREE IN A.S.NO.28/2016 OF SUB coURT,
QUILANDY
AGAINST THE JUDGMENT AND DECREE IN O.5.WO. 81/2610 OF MUNSIFF
MAGISTRATE COURT, FAYYOLI
APPELLANTS /APPELLANTS /PLAINTIPPS ;
LIVALAPPTE PA
I PEATE EB PA
NATTY AYANIRRAR AMSON
Dry TALUR
® {APPELLANTS 3S TOG 9 ARE RECORDED AS PRE LEGAL BETRS OF
DECSASED FIRST ABPSELLANT AS PER ORDER DATED 16.09.2021 IN
MEMO DATED OF .O7. 20281 IN RSA 1186/3017)
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DYE
RAMAN, a RANHIVALAPPIL HOUSE, AYANTKRAD ABDSK
,ROYTLANDY TARO.
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AGED YEARS
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DESOM, KOXYTLANTY TALI
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RAN, SRANHIVALAPEIL HOUSE, AYANTRKRAD AMSOM
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1188 OF 2037
RSA RO.
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RSA NO. L186 OF 2017 3
RESPONDENTS / RESPONDENTS / DEFENDANTS :
q PADINGARAY TL GOPALAN (REPRESENTED BY POA NOLDER
RESPONDENT 3}
Re 2 VIEAmA
AG BD 6&0 YEARS
ARIK RWRAIT WMA PRE gy Reta SORT INAS
JANE AN ? AY AN 2 RKAD LADS SOM ? RO YA ANDDY
BPR
WO SSIS x
= JANUS
AGED
ORSOM
hae TAME y
ANSOM,.
(THE THIRD RESPONDENT IS PERMITTED TO REPRESENT
RESPONDENTS 1 AND 2 AS THEIR POWER OF ATTORNEY HOLDER
AS PER ORDER DATED 25/1/2024 IN YA 1/2024}
"4
SESOCN DY APPSRAT, HAN
APP RA JING COME
POR ARMISSTON ON
pert
st yy DVLA FXa? OYE Dare TAY MoT Tose er TRE Poctod ; =
OLLGE 2024, ON TRE SAME DAY DERERIVERED TRE FOLLOWING
RSS NO. 2286 OF 2047 4
TUDGMENT
Dated this the 1* day of February, 2024
This Regular Second Appeal has heen Aled by the appellants
against the judgment and decree In O.S.No.81/2010, dated
20.7.2016 on the files of the Munsiff Court, Payyoll and alse
against the fudgment and decree In A.S.No.28/2016, dated
31.7. 2017 on the files of the Sub Court, Koyilandi.
2. Parties In this appeal were referred to mediation.
Accordingly, the matter has been settled as per the terms of the
agreement entered inte between the parties. The compromise
signed by the parties Including Padinharayil Gopalan and Janu @
Janaki through their power of attorney holder Sri.Sunil, has been
placed.
3. On perusal of the cormpromise along with the sketch
appended therein, the compromise appears to be legal and
accordingly, the same stands accepted.
4. In consequence thereof, the verdicts under challenge
stand set aside and this Reqular Second Appeal stands allowed in
RSA NO. 2L86 OF SOL7 &
terms of the compromise.
5. The compromise and the survey sketch appended
therein, shall form part of the second appellate decree.
Registry is directed fo keep the original power of attarney in
the name of Sri.Sunil, as part of permanent records.
Sd/-
A. BADHARUDEEN
JUDGE
Bb
.
BSA NO. L188 OF 2017 &
APPENDIX OF RSA TESé/2017
ANNERUR anna
as
Ped Tay yy
TYMERPERQ! ANNETTE
RESPONDENTS © ANNEXURES
we
ANNEAURE | POWER OE
"ey
af
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ANNERURE 2
YW PPUp ey YAN
ERLE LEAR
HTROE COPY
PA TO PURGE
BEFORE THE HONOURABLE HIGH COURT OF RERALA
AT ERNARULAM
BSA. Na, E86 DF 2017
franhivalapoll Paru (Ned) & Others > Appellants
Ys.
Padinharayll Gopalan & Others : Respondents
MEMORANDRUM OF AGREEMENT UNDER SECTION 88 OF THE CODE OF CIVEL
PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE
DISPUTE RESOLUTION. RULES, 2068:
The parties agreed to settle the dispute on the following terms and
COWMCIHONA?
{. The parties agree that the Suit instituted by the appellants herein as plainiffs is
ane for recovery of possession af plaint B-Schedule property claiming i as part of
A-Schedale property and alsa for damages. The appellants 1 and 12 died and the
legal heirs of 1° appellant are bmpleaded as appellants 2. t 9 and 12" appellant's
legal heirs as 13 and 14 respectively in the appeal.
Appellants
¢ 2 8 os
2. Devaki
4. Valsala \yeky
5. Sebha Shae
8. Sudha Soy
10. Premi f .
1. Anitha (i.
Respandents
o - . a oy Sy Roe
3. Santha Ao 1. Padinharayil Gepalan 9 <coe=--.
; {Rep by POA holder Sunil }
5. Karthiayani R- & Jama @ Janaki Sk
{Rep by POA holdex Sail }
7. Pavthran «eo ~ % Sunil 4
. Of
3. Sunil Kumar Q\ye~
Vi. Anh
g
lL
id. Smitha ge"
2. Parties agree to settle their dispute on the respondent/defendants agreeing to forge
1.8 metres wide property beginning from [J to f J marked in the sketch attached
herewith which is 2.75 metres from the well of the defendants, As such the
Plaintiffs In entitled to get thelr portion marked as i 7 PF FP attached to their
property marked as AB iJ plot with side measurements alsa as is shown in the
sketch attached herewith, which is prepared in the presence of both parties so that
appellants property presently becomes A BT and they agree the sketch drawn at
thelr request and annexed herewith is the true sketch of the demarcated property.
The 15 metre wihh property Hes along the houndary marked as 1 J of the
plaintiNs and upto [ J'. To prevent further confusion, a half wall showing the
bondary along PP is constracted by the defendant to form the exact boundary
bebveen both parties property and he can complete the wall above the same a5
agreed to by both sides. They have no further claim against each other's holding
as all thelr claims stands settled as abave and hence they also agree to withdraw
from all Iigations pending between them on this issue,
Appellants Respondents
2. Devaki 4° 4. Santha ise 1. Padinharayil Gepalan <<
{Rep by POA holder Sunil }
ee. +. fhe = e » $3 ° " * ont
4. Valsala VipkS 5, Rarthiayant & 2. Janu @ Janaki ae
fRep by POA holder Sunil }
~ Cd 2 oye , ° . Pe --s noe
5. Sebha 7. Pavithran yor 3. Sunll Sp west
& Sadha 3. Sunil Kamar io/.
10. Premio #2. UL. Ane
13, Anitha \g 14. Smitha
TAR
3. Parties agree that the sketch depicts their true possession as on date and hence the
sketch is made part of this agreement and the respective plots of the plaintiffs is as
shown therein being AB LIT P and defendants property begins fram? JS to the
West which finally resolves their dispute in the above appeal and hence a decree
may be passed accordingly incorporating this Setiement Agreement and sketch as
part of this Hon'ble Court's judgment In the above.
4, The Court Fee paid in the appeal may be refunded to the Appellants.
Hence itis humbly submitted that this Honourable comt may be pleased t recard
this settlement agreement along with the attached sketch and pass a decree in
terms of the same accordingly in the Interest of Justice.
Dated this the 24" day of January, 2024.
Appellants
2. Devaki Po 3, Santha
4, Vaisala
& Sebha
& Sudha <<. -x
18. Prem .
sete
13, Anitha ¢ Wo
~
Counsel for the Appellants
S. Karthiayant 6
7. Pavithran
Respondents
L. Padinkarayil Gapalan 9 s<"-
{Rep by POA holder Sandi }
&
2, Janu @ Janaki Seo
iRep by POA holder Sunil)
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