Settlement agreements under Section 89 CPC must be honored if they meet legal requirements.

JUDGMENT

Heard the learned Counsel appearing on both sides.

2. As per the memorandum of agreement entered into under Section 89 of the Code of Civil Procedure , the disputes between the parties have been settled on the following terms:-

“1. The Appellant/Plaintiff agrees to pay the ₹

Respondents a total amount of 21,00,000/- (Rupees Twenty-One Lakhs only) as full and final settlement. The Respondents acknowledge that this payment extinguishes all claims, rights, and demands they may have had or could have asserted in respect of the plaint schedule property or the subject matter of O.S. No. 121/2013 or O.S. No. 822/2012 on the files of the Principal Sub Court, Palakkad.

2. It is hereby agreed by the appellants and respondents/defendants that the amount shall be paid by the Appellant on or before 26.03.2026 to the respondents. The Respondents shall acknowledge the receipt in writing.

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3. In consideration of the sum of 21,00,000/-, the Respondents hereby irrevocably and unconditionally relinquish, release, surrender, and abandon all rights, title, interest, share, and claims-present, future, or contingent in respect of the plaint schedule property

4. The Respondents agree that the Appellant becomes the absolute, exclusive owner of the plaint schedule property with full powers of alienation, transfer, mortgage, construction, possession, and enjoyment without hindrance.

5. The Respondents shall not raise any claim or objection in future before any court, authority, or forum regarding the property, the Appellant's title, possession, or any transaction relating to the property.

6. The Respondents expressly accept, affirm, and uphold the validity and binding nature of Partition Deed No. 4197/2005, SRO Alathur. The Respondents agree that they have no surviving or subsisting rights contrary to the said deed and shall not challenge the deed in any manner hereafter.

7. The Respondents agree that all claims in O.S. No. 822/2012, including claims of partition or entitlement over the property scheduled therein, stand fully settled

8. The Respondents shall file necessary petitions/memos before the appropriate court for withdrawal/closure of the suit to the extent required. The Respondents shall also withdraw or not pursue any appeal, objection, counter-claim, or interlocutory application related to these disputes.

9. The Respondents undertake that they shall not trespass upon the property, interfere with possession, obstruct enjoyment, disturb neighbors, tenants, or officials, or commit any act amounting to nuisance or obstruction.

10. The parties jointly request the Hon'ble High Court of Kerala to record this settlement, dispose of R.F.A. No. 164/2019 in terms of this settlement and the decree in O.S. No. 121/2013 be modified accordingly. 11. Both parties state that they have understood the terms, received independent legal advice and are executing the agreement voluntarily. Ne coercion, force, compulsion, or undue influence has been exerted by either party.”

2. The appeal is decreed in terms of the settlement stated above. The above memorandum shall form part of the decree.

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