Anil K. Narendran, J.

Mat. Appeal No.495 of 2019:- The appellants are the

respondents in O.P.(Money)No.1380 of 2014, which was one

filed by the respondent-wife of the 1^st appellant, seeking

recovery of patrimony and gold ornaments. That original

petition was allowed ex-parte by the judgment and decree

dated 22.11.2017 of the Family Court, Kollam. Feeling

aggrieved, the appellants have filed this appeal, invoking the

provisions under Section 19(1) of the Family Courts Act, 1985,

along with C.M.Application No.1 of 2019, for condonation of

delay.

2.

Mat. Appeal No.498 of 2019:- The appellant is the

respondent in O.P.(HMA)No.78 of 2015 on the file of the

Family Court, Kollam, which is one filed by the respondent-

wife, seeking a decree of divorce under Section 13(1)(ib) of

the Hindu Marriage Act for dissolution of the marriage

solemnized between the appellant and respondent on

02.11.2008. That original petition was allowed ex-parte by

the judgment and decree dated 22.11.2017. Feeling

aggrieved, the appellant filed this appeal, invoking the

6

provisions under Section 19(1) of the Family Courts Act, 1985,

along with C.M.Application No.1 of 2019, for condonation of

delay.

3.

During the pendency of these appeals, the

disputes between the parties were settled and that settlement

agreement was recorded in the order dated 23.11.2022 of the

Apex Court in I.A.No.176728 of 2022 in Transfrer Petiton

(Crl.)No.206 of 2018. The said order reads thus;

“We are informed by the petitioner-in-person and

learned counsel for the respondent(s) that the parties

have amicably settled all their disputes and have

reduced the settlement terms into writing in the form

of Settlement Agreement on 15.11.2022 (Annexure P8

to I.A.No.176728 of 2022). They also prayed for

passing appropriate decree or order under Article 142

of the Constitution of India. The Settlement Agreement

has been placed on the record. All the statements made

in the Settlement Agreement made by the respective

parties are treated as an undertaking to this Court.

Having regard to the above, we are satisfied that the

settlement entered into between the parties on

15.11.2022 deserves to be accepted, as also the prayer

jointly made by the parties in application for decree, in

exercise of our powers under Article 142 of the

Constitution of India, we direct that all the cases

mentioned in the Settlement Agreement which have to

be settled amicably are directed to be quashed and set

7

aside.

Ordered accordingly.

The transfer petition and I.A.No.176728 of 2022

stand(s) disposed of in the above terms.

The matter is directed to be kept after 90 days only for

reporting compliance.

The registry is directed to intimate about the same to

the respective Court(s).

Pending applications, if any, stand disposed of.”

4.

A copy of the settlement agreement dated

15.11.2022, is placed on record along with I.A.No.1 of 2022

in Mat. Appeal No.495 of 2019. Clause VI of the settlement

agreement which deals with Mat. Appeal Nos.495 of 2019 and

498 of 2019 reads thus;

“VI. That the parties shall pray before the Hon’ble

Supreme Court to allow withdrawal of Mat. Appeal

bearing No.495 of 2019 filed by the petitioners before

the Hon’ble High Court of Kerala against the ex-parte

decree order of recovery of Rs.94,10,000/- (Rupees

Ninety Four Lakhs Ten Thousand Only) passed by the

Ld. Family Court, Kollam in favour of the 2^nd respondent

in O.P.(Money)No.1380 of 2014 and also pray for

allowing withdrawal of Mat.Appeal bearing No.498 of

2019 filed by the 1^st petitioner before the Hon’ble High

Court of Kerala against the ex-parte decree of divorce

granted to the 2^nd respondent as on 22.11.2017 by the

Ld.Family Court, Kollam.”

5.

Heard the appellant, who appeared in person and

8

also the learned counsel for the respondent.

6.

The appellant and also the learned counsel for the

respondent would submit that since the parties have settled

the disputes, these appeals can be dismissed as withdrawn,

in terms of the terms and condition