Citation : 2025 Latest Caselaw 1787 Ker
Judgement Date : 31 July, 2025
MAT.A No. 98 oF 2025 1 2025:KER:56949
IN TEE HIGH cot7RT OF KERAln AI ERNAKulLAM
PRESENT
THE HONouRABI,E edR. dusTICE DIVAN RmncHANDRaei
&
THE HONOuRABLE ins. OvsTlcE M.B. sNEIIzilATIIzi
THURsmr, THE 3isT mr oF ¢uL¥ 2o25 / 9" SRAVENA, 1947
Imp.AppEAL No. 98 oF 2o25
AGE,INST THE ]T]DGBdBNT DzwrED 20.01.2021 IN op ro.868 oF
2ol7 OF FAMII.I count, PAIAKKAD
APPEliliANTS/RESPONI)ENTS IN O. P :
1 SURESH, AGED 38 YEARS
S/O BHZISKARAN, MtJRUKAIAYAM HOUSE , ANCHUKtJNNU cost ,
MANANTZIZ`::VADI, VAYANAD DISTRICxp, PIN - 670645
2 BHASKARZIN, AGED 67 YEARS
s/o KARuppAN Mt7RUKALA¥AM HousE , ENCHUKUNNu rosT ,
imNANTHA:VADI, omxANAD DlsTRICIT, plN - 67o645
3 KAIJSALYA, AGED 64 YEARS
wlRE OF BmsKARZIN, Mt}RUKAlnyAM HotTSE , ANCHUKUNNu
posT, inNANTHavADI, im¥mmD DlsTRlcT, plN - 67o645
BY OwS.
SHRI . ABRAHAM P . GEORGE
Sin . M . SzuRTTur
RESPONDENT/PETITIONER IN O. P :
SUGtJNA, AGED 30 YEARS
w/O SURESH , REECHIRlpARaecu HousE, pAlfmNCIATmNNUR
rest, KuzHAD4ANNAM, AIATHUR TALUK, pAljLKKAD
DISTRICIT, PIN - 678575
BY Ays.
SRI.BIJO FRANCIS
SEIRI . I . R .ANIII VENUGOPAI.
SRI. JOSH KURIAKOSE (VILANGhTTII.)
THls RATRlroNIAI, Appeal HAvlNG ccmG uEi FOR HEARING oN
31.07.2025, THE COURT ON THE SAME DAY DEI.IVERED THE
roLI.OwlNG :
MAT.A NO. 98 0F 2025 2 0 2 5 : KER : 5 6 9 4 9
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
Mat.Appeal No.98 of 2025
--I--111-111--I-------11-----I-I-111-I---I-
Dated this the 31st July, 2025
JUDGMENT
M.B.Snehalatha, J
When this appeal came up for hearing today, the leamed
counsel appearing for both sides submitted that the dispute between the
parties has been settled in the mediation held under the aegis of
Mediation Centre, Emakulam and a memorandum of agreement has
been filed before this Court.
2. We have examined the memorandum of agreement and we
notice that it has been signed by the parties and subscribed by their
counsel. The terms of the agreement are lawful and therefore the
settlement arrived at by the parties is accepted.
3. In view of the settlement arrived at between the parties,
Mat.Appeal No.98/2025 is disposed of in terms of the settlement arrived
at by the parties.
4. The parties are directed to act implicitly in terms of the
memorandum of agreement and shall comply all the terms therein,
which do form part of this judgment.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
Sd/-
M.B.SNEHALATHA, JUDGE ab BEFORE THE HONOufIABLE HiGH couitr OF KERALA AT ERNAKULAM
Suresh & Others : Appel lants
Vs.
Suguna : Respondent
MEMORAI\IDUM OF AGREEMENT ER SECTION 8 F THE COD OF CIVIL PROCEDURE READ VVI RULES 24 25 0F THE CIVI PROCEDURE (ALTEF`NAIIVE DISP E fREsOLun Both parties have agreed to settle their dispute as per the following
terms and conditions:-
1. The appellant in Mat Appeal No,98/2025 shall pay to the
respondent a total sum of Rs.30,OO,000/- (Rupees Thirty lakhs only) as
follows:-
a) That a sum of Rs.10,00,000/-(Rupees Ten lakhs only) shall be paid
by the appellant to the res.pondent on or before 23/08/2025.
b) That a further sum of Rs.10,00,000/-(Rupees Ten lakhs only) shall
be paid by the appellant to the respondent on or before 23/10/2025,
Appellants Respondent
1. Suresh sugur,a P qT
2. Bhaskaran #
3,Kausalya 4or
c) That the third and last installment of Rs.10,00.000/-(Rupees Ten
lakhs only) shall be paid by the appellant to the respondent on or before
23/12/2025.
d) That all payments shall be made through a Demand Draft drawn in
favour of Ms. Suguna, daughter of Prakash payable at Axis Bank, Palladam,
Thirupur, Tamil Nadu.
2. Upon receipt of the last installment by the respondent, the
respondent shall endorse on the application prepared by the appellant to lift
the attachment of the properties attached by the respondent in
OP.No.868ra017, that the respondent has no objection in the same.
3. The Appellants and the respondent hereby agree that they will not
further proceed in OP No.528/2023, decreed in favour of the respondent
granting her a divorce on 28/02/2024 and both parties hereby agree that
their divorce is final.
4. The respondent hereby agrees that upon receipt of full payments
as scheduled in clause (1) above, the respondent shall treat the same as full
and final settlement of all claims by the respondent against the
appellant and that she will not make any further claim or litigation against
the appellants.
Appellants Respondent
1. Suresh jgivf! sugur,a P-iT
2. Bhaskaran /gc+
3. Kausalya A
5. The respondent hereby agree that on receipt of the amount
agreed upon, she shall not claim any amount towards maintenance and
alimony past, present or future from the lst appellant.
6. That both parties hereby agree that the matter in Mat Appeal
No.98/2025 is hereby settled to the full and final satisfaction of the parties.
7. That the appellant shall handover the Demand Draft drawn in
favour of the respondent on the respective dates mentioned in clause (1)
above through the Office of Advocate Mr.T.R Anil Venugopal, at his Office at
Palakkad.
Dated this the 17th day of July, 2025.
Respondent
::::::::ts cslA s,ugma P-cij-
2. Bhaskaran -or
3.Kausalya 4±
i:i`i------J
c®#®e##khpe>5£,FceF?`ants ±l for the Respondent
k|2t57| /9q4r
Adv.
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