SUDEVAN vs UDAYAKUMAR - 2026 Supreme(Online)(Ker) 24593

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2026 Supreme(Online)(Ker) 24593

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
SUDEVAN – Appellant
Versus
UDAYAKUMAR – Respondent
RFA NO. 131 OF 2019

Important Points

Mediation settlement terms under Section 89 CPC are enforceable as part of the court's judgment.

Subject

Civil - Family Law

Act Referred

Code of Civil Procedure: S.89
Kerala Court Fees and Suits Valuation Act: S.69A

Headnote

The court considered the issue in dispute settled through mediation under Section 89 of the Code of Civil Procedure. The terms of settlement were recited in the Memorandum of Settlement dated January 30, 2026. The appeal was disposed of in accordance with the compromise. The court fee paid by the appellants is to be refunded in line with Section 69A of the Kerala Court Fees and Suits Valuation Act. The settlement terms are incorporated in the judgment and decree.

Advocates:
For the Appellants/Petitioners: K.A.MANZOOR ALI
For the Respondents: SAJAN VARGHEESE K., LIJU. M.P., JOPHY POTHEN KANDANKARY

JUDGMENT

The learned counsel appearing on both sides submits that the issue in dispute has been settled through mediation, and the terms of the settlement are recorded in the Memorandum of Settlement Agreement dated 30^th January 2026 under Section 89 of the Code of Civil Procedure . The compromise signed by both parties and the respective counsel is accepted.

Therefore, the appeal is disposed of in terms of the compromise arrived at by the parties. The Memorandum of Settlement Agreement will form part of the judgment and decree. The court fee paid by the appellants shall be refunded under Section 69A of the Kerala Court Fees and Suits Valuation Act .