Fortunately the parties were able to arrive at a settlement in the Mediation Centre and the terms of settlement have been forwarded to this Court. Learned counsel on both sides pray that decree may be passed in terms of the settlement arrived at between the parties.
2. Having gone through the settlement arrived at between the parties, this Court is satisfied that there is nothing illegal in the settlement. Hence the settlement arrived at between the parties is accepted.
In the result, this Original Petition is allowed and Ext.P10 is set aside and a decree is passed in the following terms:
1. Both parties agree that the dispute has been settled amicably by allotting a plot having an area of 4.2 cents on the south eastern corner of plaint A schedule property, shown in yellow colour in the sketch appended hereto, in favour of the 1st respondent.
2. Petitioner agreed to provide a pathway measuring 0.667 cents on the eastern extremity of B schedule property starting from southern railway road to plot allotted to 1st respondent, shown in blue colour in the sketch appended hereto.
3. Petitioner, 1st respondent and their successors in interest shall have the right to use the pathway mentioned above.
4. The petitioner shall not cause any hindrance to usage of pathway by the 1st respondent and her successors in interest.
5. The petitioner agrees that he will make necessary application before the Kerala State Electricity Board to shift the overhead electricity line presently passing over yellow shaded portion and the necessary expenditure for doing so will be met by the petitioner. For shifting the electric line, electric posts shall be erected on the western and the southern side of the pathway mentioned above. The shifting of the line shall be completed as expeditiously as possible and at any rate, within a period of 6 months from the date of the order of this Hon'ble Court.
6. 1st respondent has no further claims against the petitioner in respect of the plaint schedule property in O.S. 590/1998 of Munsiff's Court, Kayamkulam.
7. All rights of the 2nd respondent over plaint schedule property in O.S. No. 590/1998 of Munsiff's Court, Kayamkulam, has been purchased by the petitioner as per Ext.P5 document dated 23.11.2011 and she has no further interest in the matter. Hence she has not signed this settlement agreement.
The terms of the settlement shall form part of the decree. The sketch will also form part of the decree.
P. BHAVADASAN, JUDGE sb.