Mediation settlement enforcement in appellate proceedings treated as decree, registry directed to draw decree and dispose appeal by consent

Mediation report was recorded and the parties' signed settlement agreement was accepted into the record, establishing the settlement's enforceability; consequence: the parties are directed to perform the consent terms. The court exercised its extraordinary constitutional jurisdiction to treat the consent settlement as a decree or enforceable order; consequence: registry is directed to draw a decree accordingly. Parties were added as respondents by consent to give effect to the terms; consequence: the appeal has been disposed of by consent and the registry must preserve the settlement document with case records.

---

---

Issues: Whether the consent terms embodying the Settlement Agreement dated 24.12.2025 should be recorded and the Civil Appeal disposed of in terms of the Settlement Agreement under the Court's power including directions under Article 142 of the Constitution.

Analysis: The parties completed mediation before a Court-appointed mediator and presented a comprehensive Settlement Agreement and joint application seeking recording of the settlement and directions under Article 142 of the Constitution. The Settlement Agreement sets out mutual releases, specified payment instalments, security and escrow arrangements, allocation of liabilities, reciprocal undertakings, and provision that the Settlement Agreement be filed as consent terms and be enforceable as a decree of the Court. The parties also sought that the consent terms be accepted and taken on record and that the final order be treated as a decree; the mediator's report was taken on record. The Settlement Agreement contains detailed operative obligations, timelines for payment, remedies on default, and mechanisms for registration and transfer of properties, and provides that pending proceedings be disposed of or kept in abeyance as conditioned by payment milestones.

Conclusion: Consent terms embodied in the Settlement Agreement dated 24.12.2025 are accepted and taken on record; the Settlement Agreement shall be kept with the case records and the Civil Appeal is disposed of in terms of those consent terms, with directions to draw a decree in accordance with the settlement and the settlement to operate as a decree of the Court.

---