Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 698

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
RAJILA BEEVI – Appellant
Versus
RAHILA – Respondent
RFA NO. 465 OF 2019

Advocates:
For the Appellants/Petitioners: SHRI.M.M.SAIDU MUHAMMED, SHRI.NIZAR .A.
For the Respondents: SRI.M.R.SASITH

Settlement between parties under Section 89 CPC allows withdrawal of appeal.

Headnote:The court addressed the settlement between the parties under Section 89 of the Code of Civil Procedure, 1908. The appellant requested permission to withdraw the appeal following a mediated agreement. The court dismissed the appeal as withdrawn and mandated a refund of the court fee paid by the appellant.

Table of Content
1. settled matter allows for appeal withdrawal. (Para 1)
2. court dismisses appeal due to settlement. (Para 2)

JUDGMENT

It is submitted by the counsel on both sides that the matter is settled out of court between the parties by recourse to Section 89 of the Code of Civil Procedure , 1908. In terms of clause (iv) of Annexure- A1 memorandum of agreement entered into between the parties in E.P.No.43/2019 in O.S.No.53/2011 on the files of the Sub Court, Attingal, the appellant seeks permission to withdraw this appeal.

2. Accordingly, this appeal is dismissed as withdrawn.

Since the matter has been settled out of court, the appellant will be entitled for refund of the court fee paid. The Registry may refund the same on usual terms.

Sd/-

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