THANKAMMA Vs. PONNAMMA

JUDGEMENT

(1.) 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 'the Code') read with Rules 24 and 25 of the Civil Procedure (Mediation) Rules, 2005 signed by the parties was returned to the court. The trial court decreed the suit in terms of the mediation agreement. The mediation agreement was formed as part of the decree. The plaintiffs 1,3 and 6, who are the appellants in this appeal, filed first appeal before the first appellate court with an Interlocutory Application No.1/2020 in A.S.No.27/2020 for condoning the delay of 1417 days. By order dated 15.1.2021, the first appellate court dismissed the application for condonation of delay. Consequently, the appeal was also dismissed.