V.K. KUMARAN vs V.K NALINAKSHAN - 2026 Supreme(Online)(Ker) 27124

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2026 Supreme(Online)(Ker) 27124

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
V.K. KUMARAN – Appellant
Versus
V.K NALINAKSHAN – Respondent
RFA NO. 513 OF 2013

Important Points

Appeal disposed of based on mediated settlement under Section 89 CPC, with settlement forming part of decree.

Subject

Civil - Family/Property Dispute

Act Referred

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

Headnote

First Paragraph: Under Section 89 of the Code of Civil Procedure, parties settled the dispute through mediation, with terms recorded in a Memorandum of Settlement Agreement dated 10th December 2025. The suit originated as OS No.4 of 2011 before the Sub Judge, Ernakulam, leading to the present appeal. The court accepted the signed compromise and incorporated it into the judgment. Second Paragraph: The sole issue was the settlement of the dispute via mediation under statutory provisions. The court's reasoning upheld the parties' amicable resolution as binding, disposing the appeal accordingly. Last Paragraph: The appeal is disposed of in terms of the compromise arrived at by the parties.

Advocates:
For the Appellants/Petitioners: SMT.I.VINAYAKUMARI

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 10^th December 2025 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 appellant shall be refunded under Section 69A of theKerala Court Fees and Suits Valuation Act.

Sd/-