2026 Supreme(Online)(Ker) 33522
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
Ammukutty Amma – Appellant
Versus
Leela – Respondent
RSA NO. 1315 OF 2012|AS NO.162 OF 2011|OS NO.256 OF 2009
Important Points
An appellate court may allow the withdrawal of an appeal when the parties have entered into a valid compromise agreement in collateral proceedings, confirming such settlement through official court record.
Subject
Civil Law - Appellate Procedure
Headnote
The present appeal arose from a property dispute where, during the pendency of the proceedings, the parties arrived at a mutual settlement through a court-annexed mediation process regarding a related criminal matter. The court noted that both parties consented to the withdrawal of the pending appeal as a condition of their mediated compromise. The core issue was whether the appellate court could record the withdrawal of the appeal based on a settlement reached in collateral proceedings. The Court, exercising its judicial discretion under the framework of Alternative Dispute Resolution, held that once a formal settlement agreement is filed and acknowledged by both parties, the appellate court is empowered to record the withdrawal. The appeal is dismissed as withdrawn.
Advocates:
For the Appellants/Petitioners: R. Sudhish, M. Manju, K. R. Ranjith
For the Respondents: P. A. Harish, V. V. Surendran
JUDGMENT
The appeal is taken up for consideration, both sides agree that a compromise was entered between the parties in CC No. 409 of 2014 pending before the JFCM – VI, Marad, before the Kozhikode Mediation Center and one of the conditions of settlement is that the appellant would withdraw the present appeal. Recording the aforesaid statement, this appeal is dismissed as withdrawn. A certified copy of the agreement entered between the parties before the Mediation Center, Kozhikode on 03.12.2014 is placed on record before this Court which will form part of this judgment.