KUNJUMOHAMMED Vs. PATHU

JUDGEMENT

(1.) THIS Second Appeal arises from the judgment and decree of learned Sixth Additional District Judge, Ernakulam in A.S. No.175 of 2001 confirming the judgment and decree of learned Principal Sub Judge, Ernakulam in O.S. No.549 of 1997.

(2.) THAT is a suit filed by respondents 1 and 2 for declaration, partition and prohibitory injunction. Learned Sub Judge passed a preliminary decree for partition of item No.1 of the plaint schedule excluding item No.2. Appellants-defendants 2 and

(3.) HAVING heard learned counsel and gone through the memorandum of mediation settlement agreement I am inclined to dispose of the appeal in terms of the settlement. Resultantly, Second Appeal is disposed of as under: