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2022 Supreme(Online)(KER) 48708
HIGH COURT OF KERALA
C.S. DIAS, J
P.M.BAVA – Appellant
Versus
KANS WEDDING CENTRE – Respondent
OP(C)/443/2021
VARGHESE C.KURIAKOSE, SRI.V.P.POULOSE, SRI.C.DHEERAJ RAJAN, SRI.P.J.JOSE, SHRI.SUSANTH SHAJI
Mediation settlements are legally binding when duly executed and conform to the provisions of the Code of Civil Procedure.
Headnote:
Mediation - Dispute Resolution - CPC Section 89 - The court upheld the mediation settlement agreement as lawful, allowing the petitions based on this settlement and confirming parties may seek court fee refunds per law.
Fact of the Case:
The parties involved in three original petitions reached a settlement through mediation. A memorandum detailing the agreement, signed by all parties, was presented in court for approval.
Finding of the Court:
The court found the mediation settlement agreement valid and in accordance with legal principles, leading to the allowance of the original petitions.
Issues: Whether the mediation settlement agreement was lawful and binding on the parties.
Ratio Decidendi: The court affirmed that the mediation process under the Code of Civil Procedure is a legitimate means for resolving disputes, and the agreement formed is enforceable legally.
Final Decision: The original petitions are allowed based on the mediation settlement.
COMMON JUDGMENT
Dated this the 06th day of July, 2022 The learned counsel appearing for the parties on both sides submit that the subject matter in dispute between the parties in all the three original petitions have been settled, as per the memorandum of mediation settlement agreement, dated 30.06.2022, signed by the parties and counter signed by their respective counsel.
2. I have perused the memorandum of mediation settlement agreement and have found the same to be in accordance with law.
In the result, the original petitions are allowed, in the light of the memorandum of mediation settlement agreement, dated 30.06.2022, which shall form a part of the judgment. Needless to mention, the parties would be at liberty to move the court below and seek for refund of the court fee, in accordance with law. Sd/-
C.S.DIAS Judge
APPENDIX OF OP(C) 425/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE RENT DEED ENTERED INTO BETWEEN THE PETITIONER, HER HUSBAND AND SON ON ONE PART AND THE RESPONDENTS ON THE OTHER PART ENTERED ON 06.03.2015.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE SUPPLEMENTARY AGREEMENT WAS ALSO EXECUTED BETWEEN THE PETITIONER, HER HUSBAND AND SON ON ONE PART AND THE RESPONDENTS ON THE OTHER PART ON
20.06.2015.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE PLAINT IN OS NO.
101/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR ATTACHMENT OF MOVABLE PROPERTY AS IA NO. 1/2020 IN OS NO. 101/2020 ON THE FILES OF ADDL SUB COURT, NORTH PARAVUR.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION AS IA NO. 4/2020 IN OS NO 101/2020 ON THE FILES OF ADDL SUB COURT, NORTH PARAVUR INVOKING SECTION
8.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE COUNTER AFFIDAVTI FILED BY THE PETITIONER IN IA NO. 4/2020 IN OS NO.101/2020 ON THE FILES OF ADDL SUB COURT, NORTH PARAVUR.
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE COMMON ORDER IN IA NO.4/2020 IN OS NO.100/2020, 4/2020 IN OS NO.
101/2020 AND 4/2020 IN OS NO 102/2020. DATED
11.12.2020.
APPENDIX OF OP(C) 442/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE RENT DEED DATED
6.3.2015 ENTERED INTO BETWEEN THE PETITIONER'S FATHER, HIS MOTHER SUBAIDA BAVA AND THE PETITIONER ON ONE PART AND THE RESPONDENTS ON THE OTHER PART.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE SUPPLEMENTARY AGREEMENT DATED 20.6.2015 BETWEEN THE PETITIONER'S FATHER, HIS MOTHER SUBAIDA BAVA AND THE PETITIONER ON ONE PART AND THE RESPONDENTS ON THE OTHER PART.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE PLAINT IN O.S.NO.102/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR ATTACHMENT OF MOVABLE PROPERTY AS I.A.NO.1/2020 IN O.S.NO.102/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION AS I.A.NO.4/2020 IN O.S.NO.102/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR INVOKING SECTION 8.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN I.A.NO.4/2020 IN O.S.NO.102/2020.
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE COMMON ORDER DATED
11.12.2020 IN I.A.NO.4/2020 IN O.S.NO.100/2020, I.A.NO.4/2020 IN O.S.NO.101/2020 AND I.A.NO.4/2020 IN O.S.NO.102/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR.
APPENDIX OF OP(C) 443/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE RENT DEED ENTERED INTO BETWEEN THE PETITIONER, HIS WIFE AND SON ON ONE PART AND THE RESPONDENTS ON THE OTHER PART ENTERED ON 6.3.2015.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE SUPPLEMENTARY AGREEMENT DATED 20.6.2015 EXECUTED BETWEEN THE PARTIES.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE PLAINT IN O.S.NO.100/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR ATTACHMENT OF MOVABLE PROPERTY AS I.A.NO.1/2020 IN O.S.NO.100/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION AS I.A.NO.4/2020 IN O.S.NO.100/2020 ON THE FILES OF ADDL. SUB COURT, NORTH PARAVUR INVOKING SECTION 8.
EXHIBIT P6 TRUE PHOTOST
