Kerala High Court

Kala Sugunan vs Unnikrishana P.K on 8 April, 2025

OP(C) NO. 2126 OF 2024

| 2025: KER: 30909
IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 84 pay OF APRIL 2025 / 18TH CHAITHRA, 1947

OP(C) NO. 2126 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 22.06.2624 IN OS NO.163 OF
2017 OF ASSISTANT SESSIONS COURT/III ADDITIONAL SUB COURT,

ERNAKULAM

PETITIONERS:

1 KALA SUGUNAN
AGED 68 YEARS
W/O LATE P K SUGUNAN, PUTHEZHATH HOUSE, CHAKKUNGAL
ROAD, PALARIVATTOM, ERNAKULAM,, PIN - 682025

2 ADITHYA S PUTHEZHATH
AGED 28 YEARS
S/O LATE P.K SUGUNAN, PUTHEZHATH HOUSE, CHAKKUNGAL
ROAD, PALARIVATTOM, ERNAKULAM,, PIN - 682025

BY ADVS.

LAL K.JOSEPH
P.MURALEEDHARAN (THURAVOOR)
T.A. LUXY

SURESH SUKUMAR

KOYA ARAFA MIRAGE
ANZIL SALIM
SANJAY SELLEN
SONIA SHIBU
AAMINA RAFEEK

RESPONDENTS:

1 UNNIKRISHANA P.K
AGED 58 YEARS
S/O LATE KRISHNAN KUTTTY, &#8216;RAHUL', SANTHINAGAR



OP(C) NO. 2126 OF 2024

| 2025 : KER: 30909
ROAD, CHAKKARAPARAMBU, VENNALA, ERNAKULAM,, PIN -
682028

2 VINU P K
AGED 60 YEARS
W/O VASU, PERULILPARAMBIL, KADAVANTHRA, ERNAKULAM,, PIN
- 682020

3 BABY GIRIJA P. K
AGED 71 YEARS
W/O LATE SIVARAJANM AYATHUPARAMBIL, PULLUPARAMBU ROAD,
CHAKKARAPARAMBU, ERNAKULAM,, PIN - 682632

4 SUPRABHA P.K
AGED 63 YEARS
W/O VELAYUDHAN, ASHAKANTHARA VELI, AROOR P.O, ALAPPUZHA
DISTRICT,, PIN - 688534

5 SURESH BABU P.K @ KUNJUMON
AGED 73 YEARS
S/O LATE KRISHNANKUTTY, HOUSE NO. 21/2215 WARIYAMS
HOUSE, NELSON MANDELA ROAD, PALLURUTHY, ERNAKULAM,, PIN
- 682006

6 GEETHA DEVI P.K
AGED 64 YEARS
W/O RAJAN, HOUSE NO. 44/132 (CRA 164) KANDATHIPARAMBIL,
CHAKKUNGAL ROAD, PALARIVATTOM, ERNAKULAM,, PIN - 682025

7 ARJUN S PUTHEZHATH
. AGED 33 YEARS
S/O LATE P.K SUGUNAN, PUTHEZHATH HOUSE, CHAKKUNGAL
ROAD, PALARIVATTOM, ERNAKULAM,, PIN - 682025

BY ADVS.
M.S. UNNIKRISHNAN

ALEENA MARIA JOSE(K/600520/2017)
M.ARDRA KRISHNAN(K/€00990/2017)
AADITYA NAIR(K/060952/2017)

DIYA: MERIN BIJU({K/601985/2023)
SOHAN VARGHESE FRANCIS(K/1360/2024)

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


OP(C) NO. 2126 OF 2024

2025: KER: 30909

JUDGMENT

(Dated this the 8" day of April, 2025)

The parties were referred to mediation, and they have entered into a mediation agreement, and a memorandum of agreement is produced, executed under Section 89 CPC, which Is produced along with the report of the mediator. There is also a sketch in the mediation report. Therefore, accepting the mediation report, this Original Petition is disposed of directing the Ilird Additional Sub Court, Ernakulam, to proceed further in passing the final decree pursuant to the mediation agreement, executed within the parties before the mediation centre.

2. I have gone through the settlement agreement, and the terms are not illegal and opposed by the public policy.

3. Therefore, the original petition is disposed of, recording the mediation agreement between the parties and the mediation agreement shall form part of the judgment.

4. The Court below shall pass the final decree in

accordance with the mediation agreement within a period of

OP(C) NO. 2126 OF 2024

saap

2025: KER: 30909 two months after summer vacation.

The Original Petition is disposed of as above. Sd/-

BASANT BALAJI, JUDGE

OP(C) NO. 2126 OF 2024

2025 : KER: 30909 APPENDIX OF OP(C) 2126/2024

PETITIONER EXHIBITS

Exhibit Pi TRUE COPY OF THE PLAINT DATED 19/07/2017 IN

0.S NO. 163 OF 2617 ON THE HON'BLE ITZ ADDITIONAL SUB COURT, ERNAKULAM FILED BY THE RESPONDENTS 1 TO 5

Exhibit PZ TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST DEFENDANT DATED 05.02.2018 IN OS NO. 163 OF 2017 PENDING BEFORE THE HON'BLE III ADDITIONAL SUB COURT, ERNAKULAM

Exhibit P2(a) TRUE COPY OF THE WRITTEN STATEMENT DATED 14.06.2022 FILED BY THE PETITIONERS HEREIN IN OS NO. 163 OF 2017 PENDING BEFORE THE HON'BLE iit ADDITIONAL SUB COURT, ERNAKULAM

Exhibit P3 TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE RESPONDENT NO 3 / PLAINTIFF NO.3 DATED 64.12.2018 IN OS NO. 163 OF 2017 BEFORE THE HON'BLE IIT ADDITIONAL SUB COURT, ERNAKULAM

Exhibit P4 TRUE COPY OF THE JUDGMENT PASSED BY THE HON'BLE SUBORDINATE JUDGES COURT -IV DATED 21.12.2018 IN OS NO. 163 OF 2617

Exhibit P5 TRUE COPY OF THE E-COURT PROCEEDINGS OF THE HONORABLE SUBORDINATE JUDGES COURT -IV DATED 11/1/2024 OS NO. 163 OF 2017

Exhibit P6 THE TRUE COPY OF I.A 5/24 DATED 25/1/2024 IN OS NO. 163 OF 2017 BEFORE THE HON'BLE III ADDITIONAL SUB COURT, ERNAKULAM FILED BY THE RESPONDENTS 1 TO 5

Exhibit P7 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 1/2/2824 FILED BY THE PETITIONERS HEREIN IN OS NO. 163 OF 2017 BEFORE THE HON'BLE IIT ADDITIONAL SUB COURT, .ERNAKULAM :

Exhibit P8 THE TRUE COPY OF THE I.A 7/2024 IN OS NO. 163 OF 26017 FILED BY THE RESPONDENTS 1 TO 5 HEREIN BEFORE THE HON'BLE III ADDITIONAL SUB COURT, ERNAKULAM

OP(C) NO. 2426 OF ze24

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

/ffrae copy//PA to Judge

PS

P10

Pii

Piz

Pi2(a)

P13

Pi3(ay

2025: KER: 30909

TRUE COPY OF THE COUNTER DATED 11/3/2024 IN

OS NO. 163 OF 2017 FILED BY THE PETITIONERS

HEREIN BEFORE THE HON'BLE III ADDITIONAL SUB COURT, ERNAKULAM

TRUE COPY OF THE ORDER DATED 22.06.24 IN I.A

HON'BLE III ADDITIONAL SUB COURT, ERNAKULAM

TRUE COPY OF THE WRITTEN STATEMENT FILED IN OS NO. 1265 OF 1995 BEFORE THE HON'BLE I ADDITIONAL SUB COURT, ERNAKULAM

TRUE COPY OF THE THE JUDGMENT PASSED BY THE HON'BLE 1ST ADDITIONAL SUB COURT ERNAKULAM IN OS 1285 OF 1995 DATED 31.07.2002

TRUE COPY OF THE DECREE PASSED BY THE HON'BLE IST ADDITIONAL SUB COURT ERNAKULAM IN OS 1205 OF 1995 DATED 31.07.2062

TRUE COPY OF THE JUDGMENT DATED 30.06.2010 IN OS NOQ.977/2019 BEFORE THE SUBORDINATE COURT, ERNAKULAM

TRUE COPY OF THE DECREE DATED 30.06.2010 IN OS 977 OF 2019 BEFORE THE SUBORDINATE COURT, ERNAKULAM

TRUE COPY OF THE ENCUMBRANCE CERTIFICATE FROM THE YEAR 61.01.1996 TO 18.01.2624

TRUE COPY OF THE PROOF AFFIDAVIT DATED 10.09.2024

ERNAKU LAM MEDIATION CENTRE oe . '. (HIGH COURT HALL):

gre: "ftoor, above of igh Court pang, Ernakulam, Kochl-31.(Ph: Gansa5éiz30)

"Te

"Sir,

a a _ acm EE Ray ge Batt SF/IOR

From. . : , _

The Nodal. Officer, eat _ High Court Mediation Centre. --

"The Registrar Guatden cs High Court of Kerala; Erakulam.

Sub : Madiation of case e'referred by the 2 Hon'ble High reg, .

"Rar" Refarral opadr in... 1 loa sesvenaes we vo 'dated 25S i Roel ar ._ of the Horiorable High Court of Kerala

A

Pam to forward herewith Report of the. Medlator ini thé matter along .

- with the enclosures for information and necessary. 8 action, . ;

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"'Youirs: Fatty,

"s . Ts ' oO wade 7

to. t . . .

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ee ae "Lote N cer, 'L oa -s ee ve + . aa . .

a a mt Erfakuiam Mediation Centre

, Enel: y, Report of the Medi&tor, sent

" 2. Copy of the referral ofder dated sre o, afer the High Court, of Kerala.. 3 Copy: of the Petition: " e

BEFORE THE HONORABLE HIGH COURT OF KERALAAT ERNAKULAM

O.P, (C) NO. 2126 OF 2024

Kala Sugunan and Another : Petitioners Vis

Unnikrishnan P K and : Respondents Others

REPORT SUBMITTED BY THE MEDIATOR

Mediated, matter is settled.

Terms and conditions are attached herewith.

Dated this the Ist day of April, 2025,

Ernakulam Mediation Centre

BEFORE THE HONORABLE HIGH COURT OF KERALA AT ERNAKULAM * OLB. (Oy) NG. 2126 GE 2024 Kala Sugunan and Another : Petitioners

VS Unikrishnan P K and Others : Respondents

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF

CIVIL_PROCEDURE_ READ WITH RULES 24 AND 25 OF THE CIVIL PROCEDURE (MEDIATION) RULES, 2005

WHEREAS one Shri. PR K Kumaran of Pattaruparambill House, S/o Raman, Palarivattom desom, Poonithura Village was the absolute owner in respect of the property having an extent. of. 1. Acre 70-cents comprised in-Sy-No. 46/1, 46/2, 47/2, 47/3. of Poonithura Village covered by Sale Deed No. 255/1956 of S.R.O, Tripunithura. WHEREAS the said Shri.P.K. Kumaran had executed an agreement for sale dated 29.01.1973 in respect of 5 cents of property comprised in Sy No.46/1 out of the said properties covered by Sale deed No. 255 of 1956 of S.R.O Tripunithura in favor of D. Leela,.the predecessor. of the petitioners and the respondents. In-the said property the residential building was constructed by D.Leela in the year 1974 and was living therein with her family since then. Now the respondent No.6 is living there in the building bearing No. 35/1124,

Petitioners pr Respondents oO bee vanwmar C-f kerde BK Lala Sugunan. LsUnniksishnan P-K -

2. Vinu PK

3. Baby Girija PK 4, SuprabhapK SALVPO)

5. Suresh BabuPK @Kunjumaon G--

%, Geetha Devi PK palm

7_Aqjun.§ Puthezhath

Rep by Kala Sugunan (Power of Attorney Holder) kal q vA fa.

APS

WHEREAS, Shri. P.K. Kumaran. agreed, to sell. an. additional. 5.cents. of property, located in Sy No 46/1, to the late RK. Sugunan and the late D. Leela. He also permitted them to construct building and take usufruct from the said 5 cents of property, which is situated

to the east of the previous 5 cents agreed to be sold as per the agreement dated

29.01:1973. Following the execution of the agreement on 29.01.1973, the late Shri P.K.

Kumaran received an amount of Rs. 2,000 from the late PK. Sugunan.as part of the sale consideration for the aforementioned 5 cents of property. Subsequently, through a family airangement, the late PK. Sugunan was granted absolute possession and enjoyment of these 5 cents of property. In 1992, he constructed residential building No. 35/1124 A and has been living there with his family since' that time:

WHEREAS Late D -Leela and: after her death-the children are in absolute possession and enjoyment of the 5 cents of property comprised in Sy No.46/1. Similarly, the late PK. Suganan, who was the predecessor in interest of the petitioners and respondent No. 7, was also in absolute possession and enjoyment of 5 cents of property, which includes the residential property at 'No. 35/1124 A situated on the eastern sidé, behind the aforementioned 5 cents and upon his death the petitioners and the respondent No 7 are in absolute possession and enjoyment of the said property.

palo B- Respondents p . horde ok

1, Unnikrishnan P K '

Petitioners

1.Kala Sugunan

2. Adithya § Pune avinirk \V Wae

3, Baby Girjark B

La

4, Suprabha P K

5. Suresh Babu PK 9 @Kunjumascn Qa 6, Geetha Devi PK fate

7.AgqwiS Puthezhath Rep by Kala Sugunan (Power of Attarney Holder) Jaehla: 5 . BR °

--

WHEREAS the legal heirs of late PR Kumaran filed O.S. No. 1205 of 1995 before Hon'ble Sub Court, Ernakulum for recovery of possession of 9 cents. The said case was properly defended by late Shri. P K Sugunan on behalf of the mother and the other children and the said case was dismissed by the Hon'ble Subordinate Judges Count, Ernakulam, holding that the suit is barréd under section 53 A of Trinsfer of Property Act and the defendants therein are entitled to protection under S. 60 Easement Act. Thus the possession in respect of the entire 10 cents along with the house constructed by the predecessors in interest of the parties, prior to the said suit is not disturbed since 1973. WHEREAS late P.K Sugunan and Petitioner No.1 herein being in absolute possession of 5 cents of property along' with the residential building comprised in' Sy No.46/T have- filed O.S No. 977 of 2009 before the Honorable Subordinate Judges. Court, Emakulam seeking a decree to (i) Pass a judgment and decree declaring that the plaintiffs have perfected their title over the plaint schedule property having an extent of 5 cents comprised in Survey No. 46/1 of the Poonithura Village and improvements thereon and they are entitled 10 Contihué to possess and enjoy the property without any interferences from the defendants {ii) Pass a judgment and decree of permanent prohibitory injunction restraining the defendants, their men and agents from disposing the plaintiffs forcibly from the plaint schedule property or in any way interfere the peaceful enjoyment of the plaint schedule property. The Honorable Subordinate Court, Ernakulam as per the decree dated 30.06:2010 in ©:S' 977 of 2009-was' pleased to-decree the' suitdeclaring that' the P .K Sugunan and 1* petitioner have perfected the title over the property having an extent of 5 cents comprised in Survey No. 46/1 of Poonithura village and improvements

thereon.

Petitioners

Respondents

. . fy . - , .

jble I 1. Unnikrishnan PK a

2. Vim. PK VV we por

3, Baby Girija PK

4. Suprabha PK 54 f a0

5. Suresh BabuPK @Kunjfumaon Ora

6. Geetha Devi PK 4x2 yy

Rep by Kala Sugunan (Power of Attorney Holder)

7AduirS Putheztath alg

( |

WHEREAS in furtherance to the rights acquired by virtue of judgment and decree in 0.8 No. 977 of 2009 dated 30.06.2010, Mr. P .K Sugunan and 1* petitioner herein executed a Settlement Deed No 3230/2011 of S.R.O Maradu in favour of the 7" respondent herein (Arjun S Puthezhath) who in turn had assigned the same to one Mr. Saji Puthiyath .S on 08.04.2023 as per Sale Deed No. 987/2023 of SRO, Maradu.

WHEREAS the respondent 1 to 6 herein have filed O.$ 163 of 2017 for partitioning the 5 cents of property before the III rd Additional Subordinate Court, Ernakulam. Thereafter on 06.03.2024 the respondents 1 to 6 had filed LA No, 7/24 for amending the suit and prayer portion claiming that 9 cents of property is to be partitioned, which included the 4 cents property that the 2 petitioner is in absolute possession and enjoyment.

WHEREAS the III rd Additional Subordinate Court, Ernakulam by order dated 22.06.2024 allowed the amendment application and the petitioners herein had challenged the same before the Honourable High Court in O.P (c) 2126/24 and the matter was referred for mediation by both the parties to settle the same.

Petitioners Respondents

nla be B Lpesk PK

1.Kala Suganan byeber 1, Unnikrishnan P K

2, Adithya S Puthezhath 2. Vinu PK V

3. Baby Girjja PK B3I7Q > 4, SuprabhapK SAU alles Q-

5. Suresh Babu PK @Kunjumaon

6, Geetha Devi PK fe ho

7.Arjun S Puthezhath Kasra } 1S B .

Rep by Kala Sugunan (Power of Attorney Halder) "es ee

In order to, facilitate/materialize the mediation terms set forth and agreed between the

parties and proceed further with the mediation terms, the 2nd petitioner had purchased the 5 cents of property comprised in Survey No. 46/1 of Poonithura village and improvements thereon from Mr. Saji Puthiyath .S as per Sale Deed No.643/2025 of Maradu S.R.O,

The. parties hereto. had. carried. out. the. measurement. of the. properties which. are. subject. matter in O.S No. 1205 of 1995 and OS No.977 of 2009 and decided to partition the same for which measurement was conducted with the assistance of a Surveyor and the entire properties were set apart as Plot A, Plot B and Plot C. The sketch appended shall form part of this agreement for proper identification of the property.

Petitioners Respondents B Lirak P i.Kala Sugunan hiynLas a bars

1. Unniktishnan P K

2. Vinu PK Vt Y

3. Baby GirijaP K gee

4. Suprabha P K Supe.

5. Suresh BabuPK @Kunjumam . (x

6. Geetha Devi PK faethe.

7.Arjun S Puthezhath bolas

Rep by Kala Sugunan (Power of Attorney Holder)

-G-

Plot A is set apart to the share of the respondents 1 to 6 in the O.P (c)} 2126 of 2024.and Plot B is set apart to the share of the petitioner No 2. The parties herein would not have any claim herein after part from the respective shares set

apart as shown in the appended sketch

"The Plot Cis having a width of 2.4 meters shown in the pink shaded portion in

the appended sketch is set apart as the pathway and-both parties.shall have the

right to use the same.

In order to facilitate/materialize the mediation terms set forth and agreed between the parties, respondent No.6. who is residingin the residential building. situated in Plot A shall vacate the same within a period of 3 months from today and respondent Nos. 1 to 6 together agreed to dismantle and clear the orange shaded portion on the Southern side to facilitate free ingress and egress to the

portion of Plot B on the Eastern side within a period of 4 months. The 2™ petitioner shall be at a liberty to construct a gate leaving 4 meter from the

western side for the protection of the Plot B.

Petitioners Respondents ; / hk . kyle. 4: A 1, Unnikrishnan P K A j F

----ao wl 2, Adithya § Puthezhath 2, Vinu PK V/

oe 3, Baby Girlja PK fs)

4. Suprabha:P Sy

5. Suresh Babu PK @Kunjumaon (yy 6, Geetha Devi PK al

7. Argun S$ Puthezhath , SL Rep by Kala Sugunan (Power of Attorney Halder) &. ob. . re '

-}-

The parties agrees that the terms of the mediation settlement so as to partition the Plots A,B and C shall be submitted in O.S 163/2017 and decree of partition shall be obtained in respect of the Plots A, B and C therein and separate allotment and possession shall be given to both parties in view of the appended survey sketch jointly prepared by the parties.

'the parties agrees that 'they shalt take appropriate steps to decree the suit 'in accordance with the mediation terms and pass the preliminary and final decree in

accordance with the terms of the settlement The parties agrees that necessary steps for passing the preliminary decree, final

decree and further proceedings shall be carried out as expeditiously as possible,

Petitfdtiets Hesfienidetits

1.Kala Sugunan by La fk: 6 * 4 Unnilcishnan PK henike FR.

oo -

2, Adithya § Puthezhath 2. Vinu PK Vwe 3, Baby Girjja PK" $35!

A, Suprabha PK Suieiahha

:5. Suresh Babu PK @Kunjumaoa Ch G. Geetha Devi P K Galp

7. Arjun § Puthezhath Rep by Kala Sugunan (Power of Attorney Holder)

pray that the above mediated agreement may be recorded and the O.P(C) may be disposed recording the compromised.

Dated this the 26th day of March 2025

All that is stated above are true and correct Petitioners Respondents [4 0

1.Kala Sugunan kala! 1. Unnikrishnan PK

2. Adithya S Puthezhath . 2. Vinu PK ai } 3. Baby Girija P ic 4, Suprabha PK Suprale ay

5. Suresh Babu PK @Kunjumaon

6. Geetha Devi PK feahia

7.Arjun S Puthezhath redouls:

Rep by Kala Sugunan (Power of Attomey Holder)

J -

Counsel or V eek f Counsel for the Respondents 1-5

thbnticated by me.

Ady. Manzoor AliK.A (Mediator)

SCHEDULE OF PROPERTIES

PlotA

District : | Ernakulam

Sub District : | Edappaly

Taluk : | Kanayannur

Village : | Poonithura.

Limit : | Cochin Corporation ' Sy No. : | 46/1

Extent : | 1.95 Ares

DESCRIPTION

All that is part and parcel of 1.95 Ares of land comprised in Sy. No. 46/1 of Poonithura Village having the measurement commencing from the north western corner towards south measuring 11.7 meters and from there to east measuring 16 meters and from there to towards the north measuring 13.4 meters and from there to north western corner measuring 15.6 meters to reach the point where measurement starts and other appurtenant rights therein,

BOUNDARIES pall wane be East | : | Plot B, the property {the 2" petitioner North _\{_: | Property beig aged to Thayyath Joseph Therma

- West: :_| Concrete. Comporation rdad. NS South g | Plot B&G

¥

; y ios . Respondents . lyk, B Me

1, Unnikrishnan P K

Petitioners Kala Sugunan ball Z

2. Adithya S Puthezhath i 2, Vinu PK V/ ~ 3, Baby Girjja PK 4, SupebharK SYP ales

5. Suresh Babu PK =@Kunjumaon G-

6. Geetha Devi PK Za] iE

7. Arjun S$ Puthezhath Rep by Kala Sugunan (Power of Attorney Holder) Q- Ss ; R

Plot B

District : | Ernakulam

Sub District : | Edappaly

Taluk 7 {| Kanayannur

Village : | Poonithura

Limit : | Corporation Kochi

Sy No. : | 46/1

Extent : | 2.21 ares ESCRIPTION

All that is part and parcel of 2.01 Ares and additional extent of 0.20 Ares of land which is in absolute possession and enjoyment of the 2% petitioner in Sy No. 46/1 of poonithura village with residential building Bearing No. 35/1124A of Cochin Corporation along with 2.4 meter width pathway starting from southern western corner of the Plot A property and other appurtenant rights therein. The Plot B measurement commencing from north eastern corner 16.5 meter towards the south, from there towards west with a slanting towards north extends to 10.6 meter, 9.45 meter and 4.6 meter and from there towards north measuring 2.4 meter and from there towards east measuring 12.0 meter and from there to north measuring 3.4 meter and there to north eastern corner measuring 11.9 meter to reach the point where measurement starts and other appurtenant rights therein along with the easementary right over the aforesaid pathway having 2.4 meter width pathway starting from southern western corner of the Plot A property with full and free, right and liberty of the pathway for ingress unto and egress from, for the purchaser, his tenants, servants, agents guests and other authorized persons and to legal heirs and successors of the Plot B property and to hold for enjoyment of the same at all time hereinafter for all purposes, including for access to vehicles and also to, electric, gas, water, telephone, cable and sewages connections over and under the same together with further liberty for the purchaser to make drains or channel or drain out the surface water there from and to the use of the purchaser absolutely and forever with exclusive easementary right over the said pathway.

Petitioners Respondents L.Kala Sugunan Chee. 5: S- 1, Unnilvishnan PK Sfpehovhe the a adtage suc 7 2. Vinu PK Vin

3, Baby Girija P rah

4, SuprabhaPK SOX

5, Suresh Babu PK =@Kunjumaon Cp"

6. Geetha Devi PK

7.Arjun S Puthezhath } BB .

Rep by Kala Sugunan (Power of Attorney Halder) 4 J:

_--------

AY

B ARIE East Public Thodu North Property belonged to Thayyath Joseph Thomas West Plot A and C South Properties belonged to Kochukinnimmel Pauolose @ Joy and Dinakaran Plot C District Ernakulam Sub District Edappaly Taluk Kanayannur Village : | Poonithura , Limit _Cochin. Corporation.

Extent 0.09 ares

SCRIPTION

All that is part and parcel of 0.9 Ares pathway comprised in Sy. No. 46/1 of Poonithura Village starting from west (Corporation road) to east (Plot B (Property of the 2" petitioner)) and having the measurement commencing from the north western corner towards south measuring 2.4 meters and from there to east measuring 4 meters and from there to towards the north measuring 2.4 meters and from there to north western corner measuring 4 meters to reach the point where measurement starts and other appurtenant rights therein.

Petitioners

Respondents ; L PK

1.Kala Sugunan linba- Bb. AR* 4 Umitcishnan PK pailegrite

2. Adithya S Pothezhath

2, Vinu PK \ ow: