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2010 DIGILAW 321 (KAR)

RANGAPPA v. S. SAMBAPPA

2010-03-15

H.BILLAPPA

body2010
JUDGMENT The appellants, the respondent and the learned Counsel for the parties are present before the Court. They have filed a compromise petition under Order 23, Rule 3 read with Section 151 of the Civil Procedure Code, 1908, which reads as under. The appellants and respondent beg to submit the joint compromise petition as follows.- 1. At the intervention of the mutual well-wishers, elders, friends and relatives, the parties above named have amicably resolve their disputes involved in this suit and adjusted their claims wholly by a compromise arrived between them. 2. That the appellants have agreed to pay a sum of Rs. 6,50,000/- (Rupees Six lakhs fifty thousand only) to the respondent towards suit claim as full and final settlement and the respondent has agreed to receive a sum of Rs. 6,50,000/- (Rupees Six lakhs fifty thousand only) as full and final settlement towards suit claim. 3. That in pursuance of the MOD dated 27-8-2008 entered into between the appellants, the 3rd appellant herein has agreed to pay the entire settlement amount to the respondent, and accordingly, .has this day paid a sum of Rs. 3,50,000/(Rupees Three thousand fifty thousand only) by cash, as desired by the respondent towards part payment and the respondent herein hereby admit and acknowledge the receipt of Rs. 3,50,000/- (Rupees Three lakhs fifty thousand only) from the 3rd appellant. 4. That the 3rd appellant has this day paid the balance sum of Rs. 3,00,000/- (Rupees Three lakhs only) through a post dated cheque bearing No. 081476, dated 15-7-2010 for Rs. 3,00,000/-, drawn on M/s. State Bank of Mysore, Bagalur Branch, issued in favour of the respondent and the respondent herein hereby admit and acknowledge the receipt of same subject to realisation. 5. That the 3rd appellant hereby undertakes to arrange proper funds in his account and ensure realisation of the said cheque upon presentation by the respondent and in the event of said cheque issued by the 3rd appellant is not honoured for lack of funds, on the due date, the respondent is at liberty to execute the decree of the Trial Court and to recover the decreetal amount in full, deducting the amounts, paid, so far, under this compromise petition. 6. That the respondent hereby confirm that apart from the said settled amount of Rs. 6,50,000/- (Rupees Six lakhs fifty thousand only) no other amount whatsoever is due from the appellants. 7. 6. That the respondent hereby confirm that apart from the said settled amount of Rs. 6,50,000/- (Rupees Six lakhs fifty thousand only) no other amount whatsoever is due from the appellants. 7. Both the parties shall co-operate with each other in giving effect to the compromise and to live happily hereafter. 8. That the compromise as recited above is possible after due deliberations and in depth consideration of all the aspects of the matter, and as such, the same is not subject to reopening and is to be deemed as firm, final and conclusive. 9. It is agreed between the appellants and respondent herein that, the parties have to bear their own cost. 10. Wherefore, in view of the compromise arrived between the parties, it is prayed that this Hon'ble Court may be pleased to dispose the above appeal in the interest of justice and equity. 2. The appellants and the respondent who are present before the Court admit the terms of the compromise and its due execution. 3. The learned Counsel for the parties submit that the appeal may be disposed of in terms of the compromise. 4. Accordingly, the appeal is disposed of in terms of the compromise. The judgment and decree passed by the Trial Court in O.S. No. 821 of 2000 stands modified in terms of the compromise. The respondent reports the receipt of a sum of Rs. 3,50,000/- (Rupees Three lakhs fifty thousand only) in cash and a sum of Rs. 3 lakhs through cheque. Draw up the decree, in terms of the compromise. Refund the Court fee permissible under Section 66 of the Karnataka Court fees and Suits Valuation Act, 1958.