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2022 Supreme(Online)(KER) 44518
HIGH COURT OF KERALA
Sathish Ninan, J
JOSE, S/O.JOHN – Appellant
Versus
JOSE, (DS/O.JOSEPH(DIED) (LRS RECORDED) – Respondent
RSA 842 2009
SMT. S. AMBILY, SRI. K.K. CHANDRAN PILLAI, SMT. K.U. BINI, SRI. A.S. SAJUSH PAUL, SRI. THOMAS JAMES MUNDACKAL, SRI. ANIL S. RAJAN, SRI. NIA PETER, GEO PAUL, K. N. RAJAN, SRI. ADHIRA RAJASEKHARAN, P.S. ANU RATHEW
Mediation is a valid mechanism for dispute resolution, and settlements reached through this process are enforceable by the court under relevant civil procedure provisions.
Headnote:
Mediation - Dispute Settlement - Code of Civil Procedure - Section 89 and Rules 2008 - Conciliation through mediation led to amicable resolution of property rights dispute.
Fact of the Case:
The dispute originated from a suit filed to declare prescriptive easement rights over a road leading to property and for an injunction. The appeal was pending mediation, leading to a settlement between parties.
Finding of the Court:
The court acknowledged the parties' mediated settlement as binding and incorporated the terms into the judgment, demonstrating adherence to the principles of mediation under the Code.
Issues: Whether the settlement reached through mediation can be endorsed by the court and whether it satisfactorily resolves the property disputes between parties.
Ratio Decidendi: The court emphasized the importance of mediation in civil disputes and validated the memorandum of settlement as part of the judicial process under relevant provisions of the civil procedure.
Final Decision: The appeal was disposed of in accordance with the terms of the settlement reached in mediation.
Pending the appeal, parties have settled their disputes in mediation. They have entered into a memorandum of agreement incorporating the terms of settlement. The Regular Second Appeal is disposed of in terms thereof . The memorandum of agreement will form part of this judgment.
Sd/-
Sathish Ninan, Judge rsr BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM R.S.A. No 842 of 2009 Vs.
JOse Jose S/o.Joseph & 4 others ® ® Appellant Respondents REPORT SUBMITTED BY MEDIATOR ADV. E.D GEORGE Mediated. Settled.
Terms of settlement are attached herewith.
Datedthisthe 22nd dayof December, 2022.
© Adv. E D GEORGE Mediator Ernakulam Mediation Centre `D a BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM R.S.A. No 842 of 2009 Vs.
JOse Jose S/o.Joseph & 4 others Appellant Respondents MEMORANDUM OF MEDIATION SETTLEMENT AGREEMENT UNDER SECTION 89 0F ThE CODE OF CIVIL PROCEDURE READ VVITH RULE 24 0F THE CIVIL pRocEDURE /MEDIATroN` RULEs 2008
1. The above Second appeal arises out of the decree and judgment of the Munsiff's Court, Muvattupuzha in O.S.No.446 of 2000 dated 31.10.2003 and against the decree and judgment of the Sub Court, Muvattupuzha dated 27.09.2009 in A.S.No.129 of 2003. Plaintiff is the appellant in the lower appellate court and also the appellant in this second appeal.
2. The suit was filed for declaring the prescriptive easmentory right of the plaintiff through the plaint C schedule road that leads to the plaint 8 schedule property and a for permanent injunction restraining the defendants from changing the nature of the C schedule property and from preventing the user of the plaintiff over the C schedule road.
3. There is a public road on the western side of the property belonging to the plaintiff and other defendants. From the public road, a panchayat road starts towards east which takes a deviation towards north after some distance. From the deviation point of the panchayat road starts the C schedule which reaches the plaint 8 schedule property towards east. C schedule is shown in the rough sketch produced by the Advocate Commissioner before the Munsiff's Court and marked as Ext.C1(a).
Ype?pe Keraia state Mediatlon and conciliatio= High Court of Kerala Kochi -682 031 0
4. During the pendency of the appeal, Respondents/Defendants 1 and 3 died. 2 nd respondent is recorded as the legal representative of the lst respondent and 4 th respondent is recorded as the legal representative of the 3rd respondent.
5. During the pendency of the above appeal, the matter was referred to mediation and the parties have agreed to settle the subject matter of the dispute in the above appeal on the following terms and conditions.
i) The 4th respondent had requested for a deviation as regards the c schedule property claimed by the plaintiff from the point where the tarred road now starts to his residential house and from where the Panchayat road takes deviation towards north ® ii) The appellant/plaintiff has agreed to the same and a new road is now formed from the point where the road is starting from the Panchayat road. This newly formed road has got an average width of 10 feet. The road is already formed and it reaches the plaint 8 schedule property of the plaintiff which is lying on the eastern side by proceeding towards the eastern direction. The photograph showing the deviation from the C schedule is is appended which may form part of the compromise. The boundaries of the newly formed road is as follows:-
North : Thodu East : Plaint Bschedule property South :
