2026 Supreme(Online)(Ker) 27237

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mohammed Nias C.P., J
N.Viswanathan Nair – Appellant
Versus
State of Kerala – Respondent
RFA NO. 28 OF 2007

Appeal disposed via mediation settlement under Section 89 CPC; compromise accepted and forms part of decree.

Headnote:The suit arose from a dispute leading to a regular first appeal, where parties invoked mediation under Section 89 of the Code of Civil Procedure, resulting in a Memorandum of Settlement Agreement dated 12th March 2026. The court accepted the compromise signed by both parties and their counsel. The appeal was disposed of as per the settlement terms. The sole issue was the settlement of the dispute through mediation, with the court's ratio being acceptance of the compromise memorandum as binding. The reasoning emphasized the statutory provision under Section 89 CPC for amicable resolution. Appeal disposed of in terms of the compromise; Memorandum forms part of judgment and decree; court fee refunded under Section 69A of Kerala Court Fees and Suits Valuation Act.