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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
MUSTHAFA KUNNAKKADAN – Appellant
Versus
MUHAMMED SHABEER. K. – Respondent
| Table of Content |
|---|
| 1. maintainability of execution petitions under cpc. (Para 1) |
| 2. no decree issued; mediation agreements only are not sufficient. (Para 2) |
JUDGMENT
Registry raised a doubt as to whether these execution petitions under the CPC are maintaibable.
2. The learned counsel replied that execution petitions can be filed as this Court had passed decree based on the mediation agreement. However, no decree has been passed by this Court and the petitioner is seeking execution of a memorandum of agreement arrived at between the parties in mediation. Parties were referred for mediation while considering the bail applications.
Therefore, the assertion that there was a decree passed by this Court is incorrect. These execution petitions are not maintainable and the defect noticed by the Registry is upheld.
Sd/-
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