Kerala High Court

Asokan vs Bhaskaran on 6 September, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

RSA NO. 181 OF 2019

2024: KER: 69325
IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 6" DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

RSA_NO. 181 OF 2019

AGAINST THE JUDGMENT DATED 31.10.2018 IN AS NO.87 OF 2018 OF
THE IT ADDITIONAL SUB COURT, THRISSUR ARISING OUT OF THE JUDGMENT

AND DECREE DATED 21.06.2012 IN OS NO.968 OF 2005 OF MUNSIFF COURT,

CHAVAKKAD.

APPELLANT/APPELLANT/DEFENDANT :

ASOKAN

AGED 60 YEARS

S/0.KARUMATHIL VELAYUDHAN@ KUNJAN,
BRAHMAKULAM AMSOM, KAKKASSERY DESOM, ;
CHAVAKKAD TALUK, THRISSUR DISTRICT-6860 104.

BY ADV G.SREEKUMAR (CHELUR)

RESPONDENT/RESPONDENT/PLAINTIFF:

BHASKARAN

AGED 50 YEARS

S/O. KARUMATHIL VELAYUDHAN@ KUNJAN,
BRAHMAKULAM AMSOM, KAKKASSERY DESOM,
CHAVAKKAD TALUK, THRISSUR DISTRICT-680 104.

BY ADV SRI.RAJIT

THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


RSA NO. 181 OF 2019

2024: KER. 69325

OR bak Do Net ate nas GPE AND A wit Se lealaad  sdan Len tendienehxalmahan lat tontomdoaalranashantan ban bon bandeaanbiehinn'

Dated this the o6'" day of September, 2024

JUDGMENT

In view of the compromise arrived at between the parties, this second appeal is disposed of in terms of the compromise petition. The compromise petition shall form part of this judgment. The parties shall abide by the compromise.

Registry to carry out the substitution ordered in IA No.3/2024.

Sd/-

T.R.RAVI JUDGE

RSA NO. 182 OF 2619

RESPONDENT'S ANNEXURES

Annexure A THE CORRECT SKETCH IN TERMS OF THE COMPROMISE RECORDED

BEFORE THE SARTO IRE THE HONOURABLE HIGH COURT OF KERALA AT ERNAL eae

HIN RSA LAI 20I

[et] ee De] sah prea cs

RUS.A. Neo, 18d, af 2019 se Asokan ' APPELLADNT Vs

Bhaskaran t RESPONDENT

4, Serene tt Whereas the appellant Asekan suffered a decree in O.5. No.

}

9368/2005 of the Munsiff Court,Chavakkad which was confirmed by the Sub Gourt, Thrissur in A.S.No.87 of 20418 Court below directed the Boundary of the Plaint schedule to be fixed In accordance with Ext-

C4 plan.

During consideration, of the appeal before this Hon'ble Court, an attempt was made, on the sug gestion of this Hon'ble Court, to arrive at an amicable solution ta have a quietus to the issue, considering

the fact that the 'appellant, cand. the respondent are brothers. The

parties apreed and it' was tentatively agreed that a plan with slight

modification on Ext-C4 could 'be 'made, which was acceptable to

both parties.

keyf--

usPetition

(Pager 1)

Accordingly the surveyor visited the spot on 47.09.2023,and measured the property in the presence of both the parties and their counsels. The property was measured and a fresh sketch in sight modification to Ext-C4, which was acceptable to both the parties, was prepared and the same is attached to this compromise petition. As per the sketch, the Red shaded portion on the north eastern side adjoining the road{having an extent of 0.859 cents) is kept as common towards the way to the property of Asokan and Bhaskaran and the property measuring an extend of 1.486 cents which is

situated to the north- eastern, side. OF the property of Ashokan is

surrendered by the respondent Bhaskaran in order to. have a sma all

verandah for Asokan. The Red

loured portion. (having an extent of

2.345 cents) situate "on the | 6 it eastern' side of the property of

Asokan (south-western side. of 'the property of BaskkKaran} is

surrendered by Asokan to Bhaskare ran.

_ The respondent further agrees) that the 2 appellant will have the right

to take water frorn the well 'situated in the property of the

respondent until such time the appellant digs a well in his property

The appellant also undertakes to demolish the shed and oth er

Structures situated in the property of the respondent, as allotted in

Reged IN RSA 181 /2019-Pekhen

oY ~~ ON

LA 2/2024 IN RSA 181/2019-Petition

the compromise petition, within a period of two months from the

date of this cornpromise petition.

it is therefore most humbly prayed that this Hon'ble Court may be

pleased to uccept this compromise petition and sketch appended to

this compromise petition and mark the same as Ext-C4(A) and pass a

decree incerporating the terms of this compromise petition and fixing

the boundary in terms of Ext-C4(A) pian.

Dated this the O07 day of August,2024

ot as Asokun Appellant

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Counsel for Appellant.

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ATMS CHU AEROS

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Asokan : APPELLANT Vs Bhaskaran : RESPONDENT COMPROMISE PETITION SUBMITTED BY THE APPELLANT AND THE

RESPONDENT UNDER ORDER XXII RULE 3 CF THE CODE OF CIVIL PROCEDURE 1908

1. Whereas the appellant Asokan suffered a decree in O.S. No. 968/2005 of the Munsiff Court,Chavakkad which was confirmed by the Sub Court, Thrissur in A.S.No.87 of 2018 Court below directed the

Boundary of the Plaint schedule to be fixed in accordance with Ext-

C4 plan.

2. During consideration of the appeal before this Hon'ble Court, an

attempt was made, on the suggestion of this Hon'ble Court, to arrive

at an amicable solution to have a quietus to the issue, considering

the fact that the appellant and the respondent are brothers. The

light parties agreed and it was tentatively agreed that a plan with slig o de, which was acceptable to

modification on Ext-C4 coult} be ma

both parties.

y the surveyor visited the spot on 17.09.2023 ang

3. According measured the property in the presence of both the parties and their

counsels. The property was measured and a fresh sketch in slight modification to Ext-C4, which was acceptable to both the parties, was prepared and the same is attached to this compromise petition.

4. As per the sketch, the Red shaded portion on the north eastern side adjoining the road(having an extent of 0.859 cents) is kept as common towards the way to the property of Asokan and Bhaskaran and the property measuring an extend of 1.486 cents which is situated to the north-eastern side of the property of Ashokan is surrendered by the respondent Bhaskaran in order to have a small verandah for Asokan. The Red coloured portion (having an extent of 2.345 cents) situated on the south-eastern side of the property of Asokan (south-western side of the property of Baskkaran) is surrendered by Asokan to Bhaskaran.

The respondent further agrees that the appellant will have the right to take water from the well situated in the property of the respondent until such time the appellant digs a well in his property.

. The appellant also undertakes to demolish the shed and other

structures situated in the property of the respondent, as allotted in

the compramise petition, within a period of two months from the

date of this compromise petition.

tis therefore most humbly prayed that this Hon'ble Court may be

pleased to accept this compromise petition and sketch appended to

this compromise petition ang mark the same as Ext-C4{A) and pass a

decree iMcorporating the terms of this compromise petition and fixing

the boundary in terms of Ext-C4(A) plan.

Dated this the o7th day of August,2024

QE. ef Asokan Bhaskaran Appellant Respondent

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