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2021 Supreme(Ker) 554

N.ANIL KUMAR
Thankamma, W/o. Late Kuttappan – Appellant
Versus
Ponnamma W/o. Thankappan – Respondent


Advocates Appeared:
For the Appellant : M.M. Deepa, Sri. K.C. Santhoshkumar.
For the Respondent: Peeyus A. Kottam, Smt. P. Maya, Sri. P.M. Sathish.

JUDGMENT :

This appeal is directed against the judgment and decree dated 15.1.2021 in A.S.27 of 2020 of the District Court, Ernakulam (hereinafter referred to as 'the first appellate court') confirming the judgment and decree dated 18.3.2016 in O.S. No. 493 of 2011 of the Munsiff's Court, Muvattupuzha (hereinafter referred to as 'the trial court'). The appellants herein are the appellants in A.S.No.27/2020 and the plaintiffs No.1, 3 and 6 in O.S.No.493/2011. The parties are hereinafter referred to as 'the plaintiff' and 'the defendants' according to their rank in the trial court unless otherwise stated.

2. The suit was filed by the appellants and respondents 9 to 11 praying for a mandatory injunction directing the survey authorities to correct resurvey records in respect of Sy.No.36 of Block 3 in Kuttampuzha Village and seeking a declaration with regard to the title and possession over the plaint 'B' and 'C' schedule properties, fixation of boundaries and consequential permanent prohibitory injunction.

3. The case was referred for mediation and was settled between the parties. Consequently, mediation agreement under Section 89 of the Code of Civil Procedure (hereinafter referred to as

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