Fortunately, the parties have been able to bring out a settlement of the dispute at the Mediation Centre and mediation report has been received. Counsel appearing on both sides submit that decree may be passed in terms of the agreement between the parties.
2. After having gone through the details of the settlement arrived at between the parties, this Court finds no reason to reject the same and it is not shown to be illegal or improper.
In the result, the judgments and decrees of the courts below are set aside and a decree is passed in the following terms:
“1. Both parties agree to use and common enjoyment upon the way passing through the properties of the defendant connecting the property of the plaintiff with the public road. The appellant RSA.604/2011. 2 agrees that not to make any further change on the way except its maintenance.
2. The appellant agrees that not to prevent the defendants from entering into or use the way and all the parties herein are having full enjoyment and right over the way stated above. The maintenance of the way will be at the cost of the appellant.
3. The appellant (Antony, S/o. Joseph) agrees to open and provide three feet width of way through the southern side of the property of the appellant, starting from the south eastern corner of the disputed way to the south western corner of the property.
4. The appellant agrees to open the 3 feet way through the southern side of the property of the appellant on 13.4.2014 at 2.00 p.m. on the presence of both parties.”
The Mediation report shall form part of the decree.
sb.
P. BHAVADASAN, JUDGE