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G.S. Kamalan v. Lathika Karthikeyan and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 3883 of 2016)Decided 13 Apr 2016
Civil Appeal No. 3883 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellants challenged a common judgment and decree dated 14.03.2011 passed by a Kerala court in a family suit for partition that had been running for more than three decades (filed in 1980). While the matter was pending before the Supreme Court, the parties were referred to mediation at the Kerala Mediation Centre.

Decision Breakdown

The parties, with the cooperation of their counsel, reached an amicable settlement through mediation, memorialized in a signed Memorandum of Settlement dated 8th December 2015. The Supreme Court disposed of all the connected appeals in terms of this settlement, making the Memorandum of Settlement part of the Court's judgment. The Court specifically recorded its appreciation for the counsel on both sides and for the mediator's efforts in resolving a decades-long family dispute and restoring peace within the family.

Lesson Learnt

Long-running family property disputes can often be resolved faster and with less bitterness through mediation than through continued litigation, even after decades of fighting and multiple rounds of appeal; courts actively encourage and formally endorse such settlements once reached.

Official source (sci.gov.in)View Judgment (PDF)

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