C. Baby v. C. Kuppusamy & Ors.
Background
The appellant and the respondents were members of the same family, a mother and her children, locked in a dispute over partition of family property that had reached the Supreme Court by way of appeal. When the parties appeared before the Court, the judges sensed a possibility of settlement and asked if they were open to mediation; both sides agreed, and senior counsel Mr. S. Nagamuthu was requested to mediate.
Decision Breakdown
The parties reached an amicable settlement within just two days, producing a signed Memorandum of Settlement before the Court. The Supreme Court disposed of the appeal entirely in terms of that settlement, directed the Trial Court to dispose of the underlying partition suit accordingly, and specifically fixed a remuneration of Rs. 2,00,000 (to be shared equally by the parties) for the mediating senior counsel in recognition of his efforts, even though he had declined to charge a fee. No order as to costs was made.
Lesson Learnt
Family property disputes are often best resolved through court-facilitated mediation rather than prolonged litigation: the Supreme Court itself encourages and can swiftly finalize such settlements once both sides are willing to negotiate.