SHIBU Vs. PRADEEP KUMAR

JUDGEMENT

(1.) The dismissal of an application under section 47 of the Code of Civil Procedure (hereinafter referred to as "cPc"), is under challenge by the fifth judgment debtor.

(2.) The suit was filed by the plaintiffs, two in number, in a representative capacity under order I Rule 8 CPC, for a permanent prohibitory injunction to restrain the first defendant from using the plaint schedule building for any purpose other than residential. The second defendant in the suit was the chalakkudy Municipality and the third defendant, the Kerala state Housing Board. There was also prayer to restrain them (second and third defendants) from granting permission to the first defendant for using the plaint schedule building for a commercial purpose. The suit was decreed in terms of the plaint, by the trial court, as per judgment dated 30.10.2010.

(3.) Against the said decree and judgment, the first defendant filed appeal as AS 114/11. Pending the appeal, the parties were referred to the Mediation centre wherein the disputes were settled and a compromise was entered into. As per the compromise, the decree and judgment passed by the trial court was accepted by the appellant, and the plaintiffs gave up the costs. on 14.10.2014, the appellate court passed a decree in terms of the compromise.