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

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.

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 The appeal is dismissed as withdrawn.