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.”
Resultantly, the court disposed of the case stating that, “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.”