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2017 Supreme(Ker) 644

A.MUHAMED MUSTAQUE
Mohanan P. K. , S/o. Kanadappan – Appellant
Versus
Sudakshina Ramakrishnan, W/o. Late Ramakrishnan – Respondent


Advocates Appeared:
For the Petitioner:Sri. K.V. Jayachandran, Sri. Raju V. Mathew, Sri. Mathew Abraham (Oliyil), Advocates.
For the Respondents:Sri. K.P. Sreekumar, Advocate.

JUDGMENT :

A. Muhamed Mustaque, J.

In this original petition, a serious question arises as to the procedure to be followed by the courts in regard to the settlement arrived at between the parties in a court-annexed mediation.

2. In a suit for recovery of possession, the parties were referred to mediation. The parties have settled their dispute as seen from Ext.R3(c). The settlement reads as follows:

VERNACULLAR MATTER

3. Thereafter, it appears that the court below awaited the report of the surveyor to pass a decree in terms of the compromise. As the plaintiffs were not satisfied with the report of the surveyor, they filed I.A. No. 559/2015 to revoke the mediation settlement and to permit him to proceed with the case. Aggrieved by the course of procedure adopted by the court below, the defendants approached this court in O.P. No. 900 of 2015. This court by judgment in O.P. No. 900 of 2015 directed the court below to refer the parties once again to mediation. Ext.P1 is the judgment in O.P. No. 900 of 2015 dated 26.6.2015. The directions issued therein are as follows:

"In the result, this Original Petition (Civil) is allowed and the court below is directed to refer the matter once again for














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