DEVADAS.K vs VALLIYAMMA - 2026 Supreme(Online)(Ker) 27125

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2026 Supreme(Online)(Ker) 27125

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
DEVADAS.K – Appellant
Versus
VALLIYAMMA – Respondent
RFA NO. 807 OF 2013

Important Points

Appeal disposed of as settled via mediation under Section 89 CPC; settlement forms 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 the Memorandum of Settlement Agreement dated 28th March 2026. The suit originated as OS No.581 of 2009 before the Principal Subordinate Judge, Palakkad, appealed as RFA No. 807 of 2013. The court accepted the compromise signed by parties and counsel. Second Paragraph: The issue was whether to dispose of the appeal based on the mediated settlement. The court's reasoning upheld the settlement under statutory provisions, making the memorandum part of the judgment. Third Paragraph: The appeal is disposed of in terms of the compromise arrived at by the parties.

Advocates:
For the Appellants/Defendants No.2, 1&3: SRI.SAJAN VARGHEESE K., SRI.LIJU. M.P
For the Respondents/Plaintiffs No.1&3 to 8 and Defendants No.4 to 6: SRI.T.C.SURESH MENON, SRI.B.DEEPAK

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 28^th March 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.