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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K. SINGH, TARA VITASTA GANJU
S E Lokesh, S/O Late Earappa – Appellant
Versus
S.E. Hemanath S/O Late Earappa – Respondent
| Table of Content |
|---|
| 1. referral to mediation for dispute resolution. (Para 1 , 2) |
| 2. summary of settlement terms and conditions. (Para 3) |
| 3. court's recognition and order based on settlement agreement. (Para 4) |
| 4. the appeal is disposed of due to settlement. (Para 5) |
| 5. administrative orders after appeal disposal. (Para 6 , 7 , 8) |
JUDGMENT :
D K SINGH, J.
1. We had referred this appeal to the Bangalore Mediation Centre with the consent of the parties for settling the disputes amicably outside the Court through the process of mediation.
2. The parties have settled their disputes amicably in terms of the memorandum of settlement. The memorandum of settlement has been filed under Section 89 of the Code of Civil Procedure, 1908 r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.
3. The terms of the Memorandum of Settlement read as under:
"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
I. The Appellant has filed above appeal challenging the judgment and decree dated 01.12.2016 passed by the Senior Civil Judge, at Madikeri in O.S.No.56/2011.
The Appellant and Respondent No.1 state that their r
The court affirmed the binding nature of mediation agreements under Section 89 of CPC, encouraging amicable settlement of family disputes over property rights.
The judgment emphasizes the validity and acceptance of a lawful compromise reached through mediation in a property dispute, and the directive for the Trial Court to act in accordance with the settlem....
Court recognized a mutual settlement among parties and recorded a decree reflecting the terms agreed upon during the appeal.
Mediation settlements under Section 89 of the CPC can finalize disputes effectively, requiring clear rights and obligations from parties.
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