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2025 Supreme(Online)(Ker) 58181

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
BENNY JOSEPH – Appellant
Versus
E.A.CHACKO – Respondent
RFA NO. 159 OF 2021 | CO NO. 145 OF 2021



Advocates:
For the Appellants/Petitioners: G.SREEKUMAR (CHELUR)
For the Respondents: P.B.SUBRAMANYAN, SRI. SABU GEORGE, SRI. MANU VYASAN PETER, SMT. B.ANUSREE, SRI. P.B.KRISHNAN (SR.)

Section 89 of CPC enables amicable settlement between parties through mediation, with the court subsequently endorsing this approach and ordering refunds.

Headnote:The application of Section 89 of the Code of Civil Procedure, 1908 facilitated a settlement between the parties. Following a mediation report and agreement, the court ordered the disposal of the appeal and cross-objection accordingly, with a stipulation for court fee refunds, thereby resolving the matter amicably. The judgment underscored the importance of alternative dispute resolution methods in civil cases, with the court asserting adherence to the settlement reflected in the mediator’s report. The appeal and cross objection are disposed of in the light of the said agreement.

Table of Content
1. settlement of dispute through mediation (Para 1)
2. mediator's report informs court decision (Para 2)
3. court acknowledges and acts upon agreement (Para 3)
4. court fee refund directed (Para 4)

JUDGMENT

It is submitted by the learned counsel on both sides that the matter is settled between the parties by recourse to Section 89 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), on a reference made by this Court on 26.11.2025.

2. The report submitted by the Mediator along with the memorandum of agreement is produced in RFA No.159 of 2021.

3. The appeal and cross objection are disposed of in the light of the said agreement. The memorandum of agreement shall form part of the judgment.

4. Since the matter has been settled by recourse to Section 89 of CPC, the court fee paid shall be refunded to both appellants and the cross objectors.

The Registry may refund the court fee on usual terms.

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