K.T.Sankaran, J.
The Regular First Appeal is filed by defendant No.1/ respondent No.1 challenging the final decree in O.S.No.70 of 1999 on the file of the Court of the Subordinate Judge of Kasaragod, the suit being one for partition.
2. When the appeal came up for hearing, the parties were referred for mediation before the Mediation Centre, Kasaragod. The parties settled their disputes and differences before the Mediation Centre and a mediated agreement dated 14.7.2014 was executed and signed. The terms of the mediated agreement read as follows:
“This mediated agreement entered into between the appellant and respondents No.1 to 8 (respondent No.8 is represented by an authorised person to sign this agreement on the basis of the authorisation letter attached to this agreement) on this 14th day of July 2014 on the following terms and conditions:
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1. That the parties accept the Preliminary Decree passed in O.S.No.70/1999 and the Final Decree passed in FDIA 434/2005 subject to the following modifications.
(a) That the respondents/plaintiffs give up their right to claim valuation of the Tarawad house valued by the Commissioner.
(b) That the Commissioner's Report and plans may be accepted subject to the above clause, namely, the clause (a) regarding the valuation of the Tarawad house.
(c) That the amount deposited by the receiver which is in the court deposit may be released in the name of first plaintiff Sri.Chennappa Poojary for which the other plaintiffs and the defendant have no objection.
(d) That the loan amount due to the Angadimogeru Service Co-operative Bank availed by the father of the parties to this proceeding as per loan A/c.No.132 LT Spl. of the above Bank shall be payable only by the first plaintiff from out of the amount above mentioned in the court deposit.
(e) That neither the plaintiffs No.2 to 8 nor the defendant are liable to repay the aforesaid loan.
(f) That the first plaintiff hereby agrees and undertakes to discharge the loan amount fully without collecting any amount from the other sharers.
(g) That the parties to the suit shall not mutually object the user of the road, pathways existing in the suit property.
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(h) That the water lead from the tunnel existing or passing through the share allotted to Sundara or any other properties to the house (Tarawad house) using PVC pipe line for the domestic purpose shall not be obstructed by any other sharers and Sri.Sundara.
(i) That the above RFA may be allowed in terms of this agreement.”
In the light of the mediated agreement, the Regular First Appeal is allowed and the final decree passed by the court below is modified to the extent indicated in the mediated agreement. The court fee paid on the Memorandum of Appeal will be refunded to the appellant.
(K.T.SANKARAN) Judge (P.D. RAJAN) Judge ahz/