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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
Thankamany W/o Late Veluchamy – Appellant
Versus
Assistant Executive Engineer, Ernakulam – Respondent
JUDGMENT :
1. Both these matters have been referred to mediation and the mediation agreements signed in between Thankamany and Natarajan/the appellants and the Assistant Executive Engineer KSEB, Thoppumpady representing the respondents/defendants, have been filed separately in both these appeals.
2. As per clause No.5 of the compromise, it has been averred that `both the parties have agreed to request this Honourable Court to modify the decree of the Sub Court, Kochi to set side the realisation of court fee from the plaintiff’. It is submitted by the learned counsel for the appellants/plaintiffs that since the appellants were permitted to institute the suits before the trial court as indigent persons, they were allowed to file both these appeals also as indigent as ordered in CMCP.Nos.1 and 92 of 2008. It is argued by the learned counsel for the appellants that clause No.5 has been incorporated in the compromise to avoid or to waive realisation of court fee as ordered in the trial court verdicts, by the trial court, since the suits were proceeded by the appellants as indigent persons before the trial court. In this connection, the learned counsel for the appellants placed decision re
An appellate court cannot waive court fees ordered by the trial court after adjudication, even for appeals filed by indigent persons.
The main legal point established in the judgment is that court fee can be refunded to the parties where a compromise/settlement has taken place even outside the Court, in line with the intention behi....
Mediation settlement terms under Section 89 CPC are enforceable as part of the court's judgment.
Court recognizes mediation settlement, disposing of appeal as per terms agreed.
Mediation settlements accepted by the court under Section 89 of the Code of Civil Procedure are binding and form part of the judgment.
Appeal disposed via mediation settlement under Section 89 CPC; compromise accepted and forms part of decree.
Appeal disposed of as settled via mediation under Section 89 CPC; settlement forms part of decree.
Appeal disposed of based on mediated settlement under Section 89 CPC, with settlement forming part of decree.
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