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HIGH COURT OF KERALA
C. JAYACHANDRAN, J
SUNIL, – Appellant
Versus
ANITHA PRASAD, – Respondent
RSA 1234/2018
Settlement - Joint Compromise - Act Section List - The compromise petition resulted in the court allowing the appeal, setting aside previous judgments, and distributing funds according to the agreed-upon terms, enforcing mutual agreements in property and inheritance matters.
Fact of the Case:
The parties involved filed a joint compromise petition to settle all disputes amicably, agreeing to the distribution of compensation awarded for acquired properties and acknowledging the titles of the deceased's wills.
Issues: Whether the court should set aside the previous judgments and enforce the terms of the compromise agreement reached between the parties.
Ratio Decidendi: The court held that mutual agreements reached through compromise take precedence and should be enforced, thus overriding prior judgments.
Final Decision: The appeal is allowed, and the previous judgments are set aside in favor of the compromise terms.
Dated this the 5th dry of April, 2024 Heard the learned counsel for the appellant, respondents 1 and 2, and also the respondents 3 and 4.
2. All the learned counsel would submit that, the matter has been amicably settled by and between the parties and a joint compromise petition has been filed. The learned counsel are at ac± idea in their submission that, the impugned decree has to be set aside and the parties should be lef t to be governed by the terms of the compromise, as envisaged in the compromise petition.
3. In the circumstances, this R.S.A. is allowed and the impugned judgment and decree of th-e trial court as confi]rmed by the First Appellate Court R.S.A.No. 1234 of 2018 • .3. . and will stand set aside. The parties will take their shares or money in lieu thereof in accord with the compromise entered into by and between the parties. The compromise petition will form part of this judgment.
sd/- C. TAYACHANDRAN JTDGE TR 2024:KER:26504 BEFORE THE HONOURABLE HIGH COURT OF I(ERALA AT ERNAKULAM R.S.A No.1234 of 2018 Sunil Anitha Prasad & Ors Vs.
Appellant Respondents REPORT SUBMITTED BY THE MEDIATOR ADV. GEORGE MERLO PALLATH Mediated, matter is settled.
Terms and conditions are attached herewith.
Dated this the llth day of September, 2023.
. ,-`1 Adv. George Merlo Pallath Mediator Ernakulam Mediation Centre BEFORE HON'BLE HIGH COURT OF KERALA, ERNAKULAM R.S.A. No.1234 of 2018 Sunil Anitha Prasad & Ors Vs.
Appellant Respondents COMPROMISE AGREEMENT All disputes between the appellant and the respondents involved in the above Regular Second Appeal have been fully and finally settled between the parties on the following terms:
1. Parties acknowledge the fact that portions of plaint schedule properties have been acquired for development of National Highway 66 for which compensation has been awarded by Special Deputy Collector and Competent Authority (LA), NH 66, Kodungallur on 06.05.2022 as per Order Nos. D2-VPD/ 005673/2021, D2-VPD/005671/2021 and D2-VPD/ 005702/2021 and that in the light of the dispute pending between the parties in the above Regular Second Appeal, the competent authority has deposited the award amount as per orders referred to above before |||rd Additional District Court, Thrissur in LAR NoS.
45/2022, 46/2022 and 47/2022 and the award amount 1 SurJ7L,:.....`.,`,.,..:. t=Rd,.PT"t , ,,L{"L\oncen`,C 0\aj'\ru`VH\g{ouchu`u:``6.8`2\\;e:i\a Fi c-, ,Jfa ;... A-±r tlGrfea~lece uatGfuLfc* stills remains in court deposit in the aforesaid proceedings.
2. The parties have agreed between themselves that out of the court deposit in LAR Nos. 45, 46 and 47 /2022 before |||rd Additional District Court, Thrissur as mentioned in Clause No. 1 above, the lst respondent is entitled to receive an amount of Rs. 50,00,000/- (Rs. 50 Lakhs) as her share. Likewise the 2nd respondent shall be entitled to receive an amount of Rs. 50,00,000/-(Rs. 50 Lakhs) from the award amount mentioned in Clause No. 1 above and remaining in court deposit in LAR Nos. 45, 46 and 47 /2022 before IIIrd Additional District Court, Thrissur as his share.
3. Respondents 3 and 4 shall be entitled to receive an amount of Rs. 75,00,000/- (Rs. 75 Lakhs) each from the award amount mentioned in clause No. 1 above and remaining in court deposit in LAR Nos. 45, 46 and 47 /2022 before lllrd Additional District Court, Thrissur as their respective shares.
4. Subject to Clause Nos. 1 to 3 as above, balance amount remaining in court deposit in LAR Nos. 45, 46 and 47 /2022 before lIIrd Additional District Court, Thrissur shall be entitled to be withdrawn by the appellant.
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5. Parties agree to execute and file necessary petitions/ applications/ consents jointly or severally before any court of law or authority as found necessary for fulfilling the terms contained in Clauses 1 to 4 of this agreement.
6. Subject to Clause Nos. 1 to 5 above, the respondents hereby affirm that Ext 82 will dated 02.11.1973 which is registered in Val
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