The terms of the memorandum of agreement will form part of the decree if it is in accordance with law and order: High Court of Kerala.

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE N.ANIL KUMAR FRIDAY THE 26TH DAY OF MARCH 2021 5TH CHAITHRA 1943 RSA.No.73 OF 2021 AGAINST THE JUDGMENT AND DECREE IN AS 63 2019 OF DISTRICT COURT ALAPPUZHA AGAINST THE JUDGMENT AND DECREE IN OS 321 2010 OF PRINCIPAL MUNSIFF ALAPPUZHA GEETHA W O. LATE RESHIBABU KAMBIYIL HOUSE AGED 56 YEARS W O. LATE RESHIBABU KAMBIYIL HOUSE KUTHIRAPANTHI WARD ALAPPUZHA WEST VILLAGE ALAPPUZHA PIN 688 002 REGI BABU S O. RESHI BABU AGED 36 YEARS KAMBIYILHOUSE KUTHIRAPANTHI WARD ALAPPUZHA WEST VILLAGE ALAPPUZHA PIN 688 002 REJI BABU S O. RESHI BABU AGED 29 YEARS KAMBIYIL HOUSE KUTHIRAPANTHI WARD ALAPPUZHA WEST VILLAGE ALAPPUZHA PIN 688 002 BY ADV. SRI.SIBI THOMAS JACOB SHAJI BABU S O. LATE KARTHIKEYAN AGED 60 YEARS PONATHUHOUSE MUNAMPAM KUZHIPPALLY VILLAGE ERNAKULAMPIN 683 515 RSA.No.73 OF 2021 AGED 63 YEARS DAIVAPURACKAL HOUSE BEACH WARD ALAPPUZHA WEST VILLAGE ALAPPUZHA PIN 688 007 R1 BY ADV. SRI.SURAJ.S R1 BY ADV. SRI.G.HARIKUMAR THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 26.03.2021 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING RSA.No.73 OF 2021 N. ANIL KUMAR J R.S.A.No.721 Dated this the 26th day of March 2021 The appellants are the legal heirs of the first defendant in O.S.No.321 2010 on the file of the Munsiff Court Alappuzha. The above suit was filed seeking partition of the scheduled properties with mesne profits The Trial Court passed a preliminary decree and judgment on 27.01.2011. Consequent to the preliminary decree I.A.No.1206 2012 seeking to pass a final decree was filed before the Trial Court. The final decree was passed on 06.02.2017. Challenging the final judgment and decree A.S.No.63 2019 was filed before the first Appellate Court. The first Appellate Court dismissed the appeal confirming the final judgment and decree of the Trial Court. Hence this second appeal RSA.No.73 OF 2021 2. During the pendency of this appeal the parties were referred for mediation. The parties mediated and settled the matter out of Court by way of memorandum of agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Civil Procedure Rules 2008 As per the memorandum of agreement dated 18.03.2021 the allotment of properties as per the final decree passed by the Trial Court and confirmed by the first Appellate Court is agreed to be altered and modified on the terms and conditions set forth in the memorandum of agreement. 3. On going through the memorandum of agreement it is disclosed that the dispute between the parties has been settled out of Court. The memorandum of agreement is perfectly in order and is in accordance with law. Hence the memorandum of agreement is recorded and the terms of the agreement will form part of RSA.No.73 OF 2021 Resultantly this RSA is disposed of in accordance with the memorandum of agreement between the parties The terms of the memorandum of agreement will form part of the decree. In terms of the memorandum of agreement the parties are directed to deposit in Court the amount required for the non judicial stamp paper for engrossing the decree in proportion to the value of their shares. The copy of the final decree shall be sent to the Sub Registrar within whose jurisdiction the immovable property is situated kkj N. ANIL KUMAR JUDGE

Summary: If the terms of the memorandum of agreement is perfectly in order and in accordance of law then that memorandum will form part of the decree and parties have to fulfil the terms and conditions prescribed in it. This honorable judgement was passed by High Court of Kerala in the case of Geetha, Regi Babu and Reshi Babu v. Shaji Babu and Vishvanathan [RSA.No.73 OF 2021] by The Hon’ble Mr. Justice N. Anil Kumar. The appellants were the legal heirs of the first defendant in O.S.No.321/2010 on the file of the Munsiff Court, Alappuzha. The suit was filed seeking partition of the scheduled properties with mesne profits. The Trial Court passed a preliminary decree and judgment on 27.01.2011. Consequent to the preliminary decree, seeking to pass a final decree was filed before the Trial Court. The final decree was passed on 06.02.2017. Challenging the final judgment and decree, was filed before the first Appellate Court. The first Appellate Court dismissed the appeal confirming the final judgment and decree of the Trial Court. Hence this second appeal was filled. During the pendency of this appeal, the parties were referred for mediation. The parties mediated and settled the matter out of Court by way of memorandum of agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Civil Procedure (Alternative Dispute Resolution) Rules, 2008. As per the memorandum of agreement, the allotment of properties as per the final decree passed by the Trial Court and confirmed by the first Appellate Court is agreed to be altered and modified on the terms and conditions set forth in the memorandum of agreement.  The court was of the opinion that, “the ongoing through the memorandum of agreement, it is disclosed that the dispute between the parties has been settled out of Court. The memorandum of agreement is perfectly in order and is in accordance with law. Hence, the memorandum of agreement is recorded and the terms of the agreement will form part of RSA.No.73 OF 2021 the decree.”