The court affirmed the binding nature of mediation agreements under Section 89 of CPC, encouraging amicable settlement of family disputes over property rights.

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 respective names are "S.E.Lokesh" and "S.E. Hemanath" but in the suit their names are mentioned as "S.C.Lokesh" and "S.C.Hemanth" and accordingly the parties herein undertake to rectify by filing necessary application to amend the cause title as mentioned in this settlement and further the allocations of the shares mentioned in this settlement shall be in their respective names as shown in the suit plaint O.S.No.56/2011.

II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Appellant and Respondent No.1 to 4 along with their respective Advocates are physically present, identified each other. Respondent No.5 and 6 are purchasers of some of the suit schedule properties are no longer necessary as parties to this agreement as the Appellant and Respondent No.1 to 4 have entered into the following settlement. Both the parties after a thorough discussion with the able assistance of their respective Advocates have resolved their disputes and have agreed to the following terms and conditions:

1. The Respondent No.1 is the brother and Respondent No.2 to 4 are the sisters of the Appellant. Respondent No.5 and 6 are the purchasers of some of the suit schedule properties.

2. The Appellant and Respondent No. 1 to 4 have resolved their disputes amicably with the intervention of the family members and well wishers of the Parties.

3. The Parties to this agreement are the appellant and Respondent No.1 to 4 and herein after shall be mentioned as "The Parties". The parties have agreed that the schedule properties shall be divided among the Appellant and the Respondent No.1. Their sisters who are Respondents No.2 to 4 have agreed that as they are happily married and well settled and also out of love and affection towards their brothers, they do not claim any right over the schedule properties as long as their brothers retain the same with them. However in the event of sale of any portion of the schedule properties, they require their share out of the sale proceeds and their consent is to be obtained prior to the sale.

4. That as per the arrangement between the Appellant and Respondent No.1 to 4, the parties herein have conducted survey and prepared a detailed sketch with colour codes and divisions being mentioned to the Appellant and the Respondent No.1 and the said sketch is produced along with and shall be part and parcel of this Petition.

5. That as per the arrangement between the parties, the properties mentioned in the schedule A of this Petition is allotted to the share of the Appellant and the properties mentioned in the schedule B of this Petition is allotted to the share of the Respondent No.1 and the Appellant and Respondent No.1 have taken possession of their respective shares of the prop