RAJAGOPALA RAO Vs. C K VASUDEVA RAO

JUDGEMENT

(1.) THE respondent is the second plaintiff in O.S.No.58 of 1995 on the file of the Court of the Subordinate Judge, Kottarakara. THE petitioner is the first defendant in the suit. THE dispute between the parties was settled in the Lok Adalath and Ext.P1 award was passed. A term in Ext.P1 award is as follows: share.

(2.) THE respondent filed E.P.No.90 of 2009 to execute the award. He contended that as per the Award, he is entitled to get 35 cents of land in which the service station is situated and that the rights in respect of the land, service station and the machinery are liable to be conferred on the petitioner by relinquishing the rights of the other sharers. THE petitioner filed objections (Ext.P3) dated 13.7.2010 stating that the extent is not 35 cents. Out of the 35 cents, 5 cents is a pathway, which is specifically mentioned in the documents. THE respondent(petitioner in the Execution Petition) is entitled to only the balance extent after excluding the pathway.

(3.) THE learned counsel appearing for the petitioner as well as the respondent submitted that the disputes between the parties have been settled in the following manner: