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Judgment
C. Jayachandran, J
The petitioners herein are the defendants in the suit O.S.No.145/2017 pending before the Additional Sub Court, Thrissur, and the respondent herein is the plaintiff in the said suit. The suit was one for realization of money. Petitioners are aggrieved by the non acceptance of Ext.P3 settlement by the learned Sub Judge, wherefore, the instant Original Petition is filed.
Heard the learned counsel for the petitioners and the respondent.
Both the counsel would submit that, there were different proceedings pending between the parties. The daughter of the plaintiff was married to the younger son of defendants 1 & 2. The 3rd defendant in the suit is the elder son. There were transactions between the parties. The relationship between the plaintiff's daughter and the younger son of defendants 1 & 2 became estranged, which resulted in a divorce petition being filed before the Family Court concerned. Other proceedings pertaining to matrimonial disputes were also there. The matter was referred to mediation and the entire issues were settled by virtue of Ext.P3 settlement. The subject matter of the suit O.S.No.145/2017 was also claimed have been settled, whereby the defendants have already paid Rs.30,00,000/-(Rupees thirty lakhs only) and have agreed to pay the balance 32.5 lakhs, on or before 15.12.2023. The grievance espoused by the learned counsel appearing on both sides is that, the learned Sub Judge is refusing to accept the settlement on the premise that, a promise to pay a part of the decree amount cannot be sustained.
Although, submissions were made to the effect that, the learned Sub Judge is refusing to accept the settlement, there is no material before this Court to ascertain the said fact. In this circumstance, the only relief which can be extended to the petitioners is a direction to the learned Sub Judge to consider Ext.P3 settlement and to pass appropriate orders, in accordance with law. The learned Sub Judge is so directed and this Original Petition will stand disposed of accordingly.