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2026 Supreme(Online)(Ker) 18247

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
P.V.ABDUL KHADER – Appellant
Versus
B.C.ABDURAHIMAN – Respondent
RSA NO. 54 OF 2022 | CRL.MC NO. 1601 OF 2021



Advocates:
For the Appellants/Petitioners: K.I.Mayankutty Mather (Sr.), Kalliyani Krishna B., Uthara Asokan
For the Respondents: S.Sreekumar (Sr.), P.Martin Jose, P.Prijith, Thomas P.Kuruvilla, Ajay Ben Jose, R.Githesh, Sachin Jacob Ambat, Anna Linda Eden, Harikrishnan S.

The court affirmed that amicable settlements between parties can lead to the withdrawal of appeals and nullification of prior orders in custody disputes.

Headnote:The judgment addresses the settlement of disputes in RSA No. 54 of 2022 and Crl. MC No. 1601 of 2021 under the High Court of Kerala. The court acknowledged an amicable resolution presented in a notarized mediation agreement, leading to the withdrawal of the appeal and setting aside the lower court's order regarding receivership. The court emphasized that the agreement would form part of the judgment and directed immediate actions for resolving property custody issues. The whole matter was disposed of as settled by the court, allowing the involved parties to proceed without further litigation.

Table of Content
1. amicable settlement acknowledged. (Para 1)
2. appeal dismissed as withdrawn. (Para 2)
3. resolution of property custody. (Para 3)

J U D G M E N T

When these matter are came up for consideration today, both parties agreed that the dispute between the parties has been settled and the notarised copy of the mediation agreement is annexed herewith.

2. Based on the settlement, the appellants filed memo dated 11.02.2026 seeking to withdraw the appeal as settled out of court. The said memo dated 11.02.2026 is recorded. Accordingly, the appeal is dismissed as withdrawn recording the mediation agreement dated 05.02.2026, which shall form part of the judgment.

3. As regards Crl.M.C No.1601/2021, it is agreed by both sides that the parties will take steps to terminate the receivership of the Tahsildar, Thamarassery on Dargah Thareekath and Khabarsthan and will take appropriate steps in this regard. Accordingly, it is further agreed that the second party shall withdraw C.C No.59/2022 on the files of Judicial First Class Magistrate Court-I, Thamarassery.

Thus recordings the aforesaid statements, the Crl.M.C will also stand allowed by setting aside Annexure-D order dated 24.02.2021. The parties shall take appropriate steps to get the property from the custody of the receivership.

Sd/-

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