Authority: Supreme Court of India (Civil Appellate Jurisdiction)

Order Date: 30-07-2026

Case Overview

  • Parties: Appellants – Philomina & Ors.; Respondent – Peter.
  • Origin: Appeal against the High Court of Kerala, Ernakulam judgment dated 24‑06‑2025 (RFA No.608/2015).
  • Mediation: Conducted by Mr. P.T. Girijan, Kerala High Court Mediation and Conciliation Centre, with counsel assistance.
  • Settlement Agreement dated 23.05.2026, digitally signed by Sourav Pal.
  • Original property (Document No. 1111/1968, SRO Ernakulam, Sy.No. 563/1, Resurvey No. 69/8, Block 02, Mulavukad Village, Kanayannur Taluk, Ernakulam District) measured 5.969 Ares (14.750 cents).
  • After surrendering land for road widening, remaining land to be partitioned measured 5.891 Ares (14.578 cents).
  • Survey Measurement Plan dated 22.05.2026 prepared by Mr. Omanakuttan (Private Surveyor) attached as Annexure C‑1.

Allocation of Property

  • Petitioners (jointly) – Plot A: 2.870 Ares (7.091 cents) – exclusive ownership, title and possession.
  • Respondent – Plot B: 2.680 Ares (6.622 cents) – exclusive ownership, title and possession.
  • Respondent – Plot C: 0.180 Ares (0.444 cents) – exclusive ownership, title and possession.
  • Common Way – Plot D: 0.170 Ares (0.420 cents) – designated for exclusive use of both petitioners and respondent.
  • Parties agree to erect permanent boundaries as per Annexure C‑1 and to refrain from any claim over each other's allotted plots.
  • Both parties acknowledge receipt of physical possession of their respective shares and request that court‑ordered delivery of possession be dispensed with.
  • The settlement agreement, together with the forthcoming decree, shall constitute the final decree for all intents and purposes; a certified copy to be forwarded to the Sub‑Registrar’s Office, Ernakulam.

Final Outcome

  • The Court directs that all inter‑se legal proceedings, if any, shall stand closed.
  • The impugned High Court judgment dated 24‑06‑2025 is modified in accordance with the settlement.
  • A decree shall be drawn up reflecting the settlement terms.
  • Both parties are bound to abide by the settlement agreement without exception; breach may attract contempt proceedings.
  • The appeal is disposed of, and any pending applications, if any, shall stand disposed of.

Topics: Property Settlement, Court Order