Back
2009 Supreme(Online)(KER) 143
HIGH COURT OF KERALA
KURIAN JOSEPH, S.S.SATHEESACHANDRAN, JJ
N.MOOSA – Appellant
Versus
KELOTH SULEKHA – Respondent
AS/44/2000
SRI.P.N.KRISHNANKUTTY ACHAN, SENIOR ADVOCATE SRI.K.A.SALIL NARAYANAN FOR R1 TO R4
The court emphasized the role of mediation in resolving disputes, validating the enforceability of settlement agreements reached through this process.
Headnote:
Settlement - Dispute Resolution - Act Section List - The court approached the dispute with a focus on mediation, acknowledging the parties' agreement to settle their differences, and emphasized the need to formalize their agreement through a final decree, showcasing the importance of mediation in legal disputes.
Fact of the Case:
The appeals stemmed from judgments in two separate cases filed in a Sub Court. The court directed parties to attempt settlement through mediation, resulting in a memorandum of agreement to resolve the disputes.
Finding of the Court:
The court found that the parties had successfully reached a settlement. It endorsed the mediator's report and agreed to the terms of the memorandum of agreement, leading to the disposal of the appeal.
Issues: Whether the settlement reached between the parties during mediation should be upheld and incorporated into the court's decree.
Ratio Decidendi: The court held that mediation and subsequent agreements should be recognized and enforced, thus remitting the case to the lower court for final decree based on the parties' compromise.
Final Decision: The appeal is disposed of as per the memorandum of agreement.
JUDGMENT
Kurian Joseph,J.
The former is from the judgment and decree in O.S.No.7/1991 and the latter is from the judgment and decree in O.S.No.15/1996, both on the file of the Sub Court, Sulthan Battery. When the matters were posted before us we directed the parties to be present before us in order to thrash out the possibility of a settlement. Thus the parties were referred to the Mediation Centre of this court. Learned Mediator Sri.Saju S.Poonthodath has filed a report to the effect that the parties have settled their disputes and they have filed a memorandum of agreement. Therefore, the appeal is disposed of in terms of the memorandum of agreement between the parties signed on 18th February, 2009. The same shall form part of the decree in both cases. In view of the settlement as above, we set aside the judgment and decree in both cases and remit the matters to the A.S.No.44 of 2000 &
R.F.A.No.583 of 2006 Sub Court, Sulthan Battery to pass the final decree and complete further proceedings in the matter including delivery of the respective shares in terms of the compromise referred to above before the court closes for summer vacation.
The parties will immediately produce copies of the judgment and decree before the Sub Court and they will be present before the Sub Court on 16-3-2009.
In view of the strenuous efforts taken by the Mediator we fix the remuneration as Rs.15,000/- which will be shared equally by the parties. The amount shall be paid by the counsel to the Mediator within two weeks.
(KURIAN JOSEPH, JUDGE)
(S.S.SATHEESACHANDRAN, JUDGE)
ahg.
KURIAN JOSEPH &
S.S.SATHEESACHANDRAN, JJ.
---------------------------
A.S.No.44 of 2000 &
R.F.A.No.583 of 2006 ----------------------------
JUDGMENT
2nd March, 2009
