Mat.A Nos.507/2019 & 18/2020 1 2025 : KER: 30417 IN THE HIGH COURT OF RERAIA AT E AKUI.AM PRESENT THE HONouRABLE in. TusTlcE DIVAN RZDmcllANDRAN & THE HONOuRABLE ms. dnysTlcE M.B. SREHAIATHA TUESDAY, THE 8TH DAY OF APRIIi 2025 / 18TH CHAITHRA, 1947 RAT.APPEAli NO. 18 0F 2020 AGAINST THE JUDGMENT AND DECREE DATED 27.03.2019 IN OP NO.129 0F 2014 0F FAMILY COURT, IRINJZLLAKUDA APPEI+IANT/PETITIONER: SHANI KHADAR, AGED 34 YEARS D/O ABDUI. KHADER, CHENDELIPARAIEU HOUSE , POOVATHUSSERY DESOM, KALIIUR THEKKUMURI VII.IAGE , M[rKUNDApupRzn4 IAliuK, plN CODE - 68o 741, REPRESENTED~ BY EIER POWER OF ATTORNEY HOLDER ABDUL KHADER, AGED 67, s/O Kt7N4u MtIHAMMED, cHENDELlpARaeu EIOusE, POOVATHUSSERY DESOM, KAliliuR THEKKUMURI VILIAGE , MtJKtJNDAPUPRAI}4 ELtJK, PIN CODE -680 741. By anvs . ArlH vlsvmNATHAN SRI. SHIBU .OSEPH RESPONDENTS /RESPONDENTS : M[7EIAm4ED HAKKIM, AGED 39 ¥EARs s/O ABDUL ImbEED , KANTIRATHINKAI. HOusE, imRuVIENTHURUTHu KARAylL , VADAKKEKKARA vlLIAGE , PARAVUR TAIIUK, E AKULZu}4, PIN CODE -683 522. ABDUL m]EED, AGED 67, s/O Kt]NBunEIARED, KANTIRATHINKAL HousE , imRI7vzENTHURUTHu KARA¥IL , VADAKKEKKARA vll[IAGE , pARzlvuR TAI[uK, EEN:AKULm4, plN CODE -683 522. RABIA MABEEI], AGEI) 64 ,w/o ABDUL imeEED, KANTIRATHINKAI. HOUSE , MARIJVANTHURUTHU KARAYIL , VADAKREKKARA VILLAGE, PARZIVUR TELUK, I AKUIIEN, PIN Mat.A Nos.507/2019 & 18/2020 CODE -683 522. BY ADVS . Manu Govind A . dAYASANKAR ( I- 1 1 4 ) 2 0 2 5 : KER : 3 0 417 THls mTRIMONIAI, AppEAI[ HAvlNG BEEN FINAI,Ly HEARD ON 08.04.2025, ALONG WITH Mat.Appeal.507/2019, THE COURT ON THE sAiE DAy DELlveRED THE FOI.I.owlNG: Mat.A Nos.507/2019 & 18/2020 2025 : KER: 30417 IN THE HIGH COURT OF KERAIA AT ERITAKULZD4 PRESENT THE HONOuRABI]E MR. 4usTlcE DEVAN FLrmcHz\NDRzua THE HONOuRABLE ms. 4usTlcE M.B. SNEHALATHA TUESDAY, THE 8TH DAY OF APRII- 2025 / 18TH CHAITHRA, 1947 MAT.APPEAI-NO. 507 0F 2019 AenlN`sT THE euDcaEN`T DATED 27.03.2019 IN op No.129, oF 2014 0F FAMII.Y CotJRT, IRINdALAKUDA APPELILZENT /RESPONI)ENTS : MUEIARED HAKKIM AGED 39 YEARS S/O. ABDUL MAJEED , KZENTIRATHIRECAI. HOUSE , VADAKKEKKABA VIIiIAGE , VADAKKEKKARA MURAV:ANTHURUTH KARA, PARAVUR TAliuK, REPRESENTEI) BY HIS FATHER AND POWER 0F ATTORNEY HOIDER SRI. ABDUL MAJEED, KZENJIRATHINKAL HOUSE , VADAKKEKKARA VILIAGE , VADAKKEKARA MURIrvANTHURUTH KARA, pARZIVuR TAI.uK. ABDUI. RAtJEED AGED 67 YEARS KANTIRATHINKAL HOUSE , VADAKKEKKARA VILIAGE , VADAKKEKARA MURZIVANTHURUTH KARA, PARZIVUR TAIIUK. RABI¥A nmeEED AGED 64 YEARS W/O. ABDuli RAJEED , KZENTIRATHINKAL HOUSE , VADAKKEKKARA VILIAGE , VADAKKEKARA M[JRZIVANTHURUTH + KARA, PARAVUR TAliuK. 8¥ ADVS . A . |A¥ASANKAR MZxp COVIND Mat.A Nos.507/2019 & 18/2020 2025 : KER: 30417 RESPONDENT/PETITIONER: SHANI KHADER AGED 34 YEARS D/O CHANELIPARZREIIi ABI)Uli KIIADER, P00VATHUSSERY DEsoM, KAI]I+uR THEKKuno4uRI vlliLAGE , M[7Kt7NDApuRAM ELUK. BY ADV SHIBU dosEPH THIS MZITRIMONIAL APPEAII HAVING BEEN FINALLY HEARD ON 08.04.2025, ALONG WITH Mat.Appeal.18/2020, THE COUR± ON THE SAME DAY I)ELIVERED THE F0IiliowING: Mat.A Nos.507/2019 & 18/2020 2025 : KER: 30417 DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ. -----------------------------I------------- MatEAppeal Nos.507/2019 & 18/2020 --------------------------------------- 11 11 - - Dated this the 8th April, 2025 JUDGMENT M.B.Snehalatha, J When these appeals came up for hearing today, the learned 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, Ernakulam 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 raw fur and therefore the sett:]ement arrived at by the parties is accepted. 3. In view of the memorandum of agreement filed by the parties before this Court, the Mat. Appeal No.507/2019 is disposed of as follows: a) Appellants in Mat.A No..507/2019 shall pay an amount of €42,25,000/- to the respondent Shani Khader in full and final settlement of all her claims in the above two appeals of which an amount of €30 lakhs shall be paid within one month from the date of this Mat.A Nos.507/2019 & 18/2020 6 2025 : KER: 30417 judgment and the balance amount of €12,25,000/- shall be paid in three quarterly instalments with 7% interest per annum for the said sum from the date of ].udgment till the respective dates of disbursement as agreed to in clause (6) and (7) of the memorandum of agreement. b) In case of default in making the amount as aforesaid, the decree in O.P.No.129/2014 of the Famil`y Court, Irinjalakkuda can be executed by the decree holder in accordance with law as agreed to in clause (8) of the memorandum of agreement. c) Appell-ants are entitled to withdraw the amount covered by the fixed deposit receipts produced before the Family Court, Iringalakkuda which are mentioned in Clause (4) of the memorandum of agreement, It i.s recorded that the respondent has no ob]-ection in the appellants withdrawing the said amount. 4. Mat.A No.18/2020 is dismissed as not pressed in terms of the memorandum of agreement. The parties are directed to act implicitly in terms of the memorandum of agreement, which do form part of the ]-udgment. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B.SNEHALATHA JUDGE ab lN THE HIGH COURT OF KERALA AT ERNAKULAM Mat. Appeal. Mos. 507 of 2019 & 18/2020 Muhammed Hakkim & Others Appellants Vs Shani Khader Respondent MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 a 25 0F THE I(ERALA CIVIL pnocEDURE (MEDiATioN), RULEs, 2Oo8: The parties in the above appeal have settled the entire dispute between them on the following terms and conditions: 1. The appellants have agreed to pay an amount of Rs.42,25,000/- (Rupees Forty Two Lakhs Twenty Five Thousand only) to the respondent as the full and final settlement Of all her claims in the above appeal which arises from OP No. 129/2014, on the file Of Family Court, lrinjalakkuda. 2. The respondent had agreed to receive the said amount of Rs.42,25,000/- (Rupees Forty Two Lakhs Twenty Five Thousand only) as the full and final settlement of her claim against appellant. 3. The appellants agreed that out of the said Rs.42,25,000/- (Rupees Forty Two Lakhs Twenty Five Thousand only), they will pay an amount Of Rs,30,00,000/- ((Rupees Thirty Lakhs only) within one month from the date (Rep by father/ POA 2. Abdul Majeed 3. RabiyaMajeed Rap Respondent - Shani Khader E:.22mul (Rep by father/ POA Holder Sri Abdul Khader) -2- 4. The appellants herein deposited a total amount of Rs.20,00,000/- in Vellangalloor Service Cooperative Bank, Vellangallur branch and produced fixed deposit receipts bearing No.5046, 5047, 5048, 5049, 5050, 5051, 5052, 5053, 5054, 5055, 5057 and 5058 before the Family Court, Irinjalakkuda. The respondent has no objection in the appellants withdrawing the said amount from the Vel[angallur Service Cooperative Bank by making necessary application before the Family Court, lrinjalakkuda in OP No. 129/2014 so as to make payment to her in accordance with the foregoing condition. 5. The appellants hereby undertake to effect payment of Rs.30,00,000/- as stated above, immediately on releasing the fixed deposit receipt from the Family Court, Irinjalakkuda and on closing the fixed deposits referred to above. ` 6. The appellants further agree that they will pay the balance amount of Rs.12,25,000/-(Rupees Twelve Lakhs Twenty Five Thousand only) in three quarterly installments starting from the date of judgment in Matrimonial Appeal No.507/2019. 7. The appellant agrees that they will pay interest at the rate of 7% per annum for the sum of Rs.12.25 lakhs from the date of judgment till the respective dates of disbursement. Appellants 1. Muhammed Hakkim L±>-I---,` (Rep by father/ POA Holder Sri Abdul M 2. Abdul Majeed 3. Rabiya Majeed Respondent - shani KhadeFny (Rep by father/ POA Holder Sri Abdul Khader) .3- 8. The appellants further agree that in case they commit default in making payments as stated above, the decree passed by Family Court in OP No.129/2014 could be executed in accordance with law. The appellants could move the Family Court, lrinjalakkuda for lifting the attachment if any on their immovable properties on satisfaction of the entire claims arising out Of this settlement, 9. The respondent agrees not to press Mat Appeal No.18/2020 in view of the present settlement arrived at between the parties. 3. Rabiya Majeed Respolident -Shani Khader (Rep by father/ POA Counsel for the Appellants diLap ^ lder Sri Abdul Khader) Counsel for the Respondent ted by me. The above Settlement Agreemen Adv. P.