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2025 Supreme(Online)(Ker) 56091
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
LAKSHMIKUTTY, SETHUMADHAVAN – Appellant
Versus
SANKARANKUTTY @ SANKARAN NAIR, KRISHNANKUTTY @ UNNIKRISHNAN, VISWESWARY, RUGMINI AMMA, PADMANABHAN NAIR, CHINNU AMMA, VILASINI AMMA, RAJESH, RATHEESH, VINOD – Respondent
RFA NO. 479 OF 2017
For the Appellants/Petitioners: SRI.R.SREEHARI, SRI.SACHIN VYAS
For the Respondents: SRI.P.JAYARAM
Judicial mediation under Section 89 of the Code of Civil Procedure leads to resolution without disturbing the rights of absent respondents.
Headnote:The Court analyzed the reconciliation process under Section 89 of the Code of Civil Procedure, 1908, due to a mediation referral. The appellants and respondents 1 to 3 agreed on terms without affecting the interests of respondents 4 to 10. The Court concluded to dispose of the appeal based on the memorandum of agreement, which is incorporated within the judgment.
| Table of Content |
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| 1. mediation process initiated for settlement. (Para 1) |
| 2. court disposes appeal based on mediated agreement. (Para 2) |
JUDGMENT
It is submitted by the counsel on both sides that the matter is settled between the parties by recourse to Section 89 of the Code of Civil Procedure , 1908, on a reference made by this Court for mediation by the Mediation Sub Centre, Ottapalam, by order dated 06.10.2025.
2. The Mediator has submitted a memorandum of agreement along with the report. The Mediator has reported that respondents 4 to 10 did not appear for mediation and they were set ex parte. The appellants and respondents 1 to 3 have arrived at an agreement without disturbing the share set apart for respondents 4 to 10.
In the light of the said memorandum of agreement, this appeal is disposed of. The memorandum of agreement shall form part of this judgment.
