Sulaiman Rawther vs Ameena

R. Basant, J.—This appeal is preferred by the appellant, the father in law of the respondent/claimant. The husband of the respondent, i.e. the son of the appellant, is no more. The daughter in law/respondent claimed amounts from the appellant/father in law. The court below decreed the claim. During the pendency of this appeal, parties were referred for mediation and all outstanding disputes have been settled. The entire claim raised by the respondent in O.S. No. 2 of 2003 has been paid and settled for an amount of Rs. 3 lakhs. Towards this, an amount of Rs. 2,59,000/- (Rupees two lakhs fifty nine thousand only) has actually been paid and the balance amount of Rs. 41,000/- (Rupees Forty one thousand only), which is in deposit before the court below, has already been released to the respondent, it is submitted. The mediation settlement dated 09.07.2010, duly signed by the contestants and countersigned by their counsel, has been produced.

We are satisfied, in these circumstances, that the settlement can be accepted, the appeal can be allowed, the impugned order can be set aside and appropriate further directions can be issued.

In the result:

a) This appeal is allowed;

b) The impugned order is set aside;

c) It is recorded that the entire claim in O.S. No. 2 of 2003 has been settled and an amount of Rs. 3 lakhs (Rs. 2,59,000/-+ Rs. 41,000/-) has already been paid by the appellant to the respondent;

d) All interim orders passed in O.S. No. 2 of 2003 including the order of attachment shall now stand vacated;

e) The court below shall take necessary steps to intimate the authorities of the lifting of the order of attachment;

f) The mediation settlement dated 09.07.2010 shall be appended to the appellate decree.