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2013 DIGILAW 885 (KAR)

T. A. Venkatesh v. M. Subramanyam

2013-08-07

ANAND BYRAREDDY

body2013
Judgment : The appellant and the respondent having entered into a compromise, have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, the text of which reads as follows:- "Under Order XXIII Rule 3 read with Section 89 of Code of Civil Procedure both the appellant and respondent named above begs to state as follows: Appellant and Defendant submits as below:- 1. It is submitted that the appellant filed the suit in O.S.No.9740/2006 against the respondent for the relief of permanent injunction in respect of all that piece and parcel of property bearing No.63, Katha No.581, situated at Kodigehalli Village, Yelahanka Hobli, Bangalore North Taluk, measuring East to West: 30 feet, North to South: 40 feet and bounded on East by: 30 feet Road, West by: Property No.64, North by: Property No.49 and South by: 25 feet Road, which is scheduled to the suit. 2. It is further submitted that the said suit came to be dismissed by the 17th Additional City Civil Judge, Bangalore City by the judgment and decree dated 25.02.2011. Aggrieved by the said judgment and decree the above appeal is preferred by the appellant before this Hon'ble Court. 3. That during the pendency of the above appeal, at the intervention of the friends and well- wishers, the dispute involved in the above appeal and the suit in respect of the property scheduled to the suit has been settled amicably between the appellant and the respondent as follows:- 4. That the respondent admits and concedes that the appellant is the absolute, exclusive and full owner in possession and enjoyment of the property scheduled to the suit, i.e., O.S.No. 9740/2006, and also described in the Schedule below the Sale deed dated 19.04.1993 the document Register No.504/93-94 1300 KI, Volume 375, page 24-27. Sub Registrar Yelhankha, in favour of the appellant is proper and in accordance with law. All that right, title and interest in respect of the property scheduled to the suit has been validly transferred to the appellant by virtue of the said sale dated 19.04.,1993. 5. The respondent further concedes, states and hereby declares that he has no manner of right, title, interest or possession in respect of property scheduled to the suit, i.e., O.S.No.9740/2006, possessed and enjoyed by the appellant. 6. 5. The respondent further concedes, states and hereby declares that he has no manner of right, title, interest or possession in respect of property scheduled to the suit, i.e., O.S.No.9740/2006, possessed and enjoyed by the appellant. 6. The respondent admits and concedes that the sale in favour of the respondent is subsequent to the Sale Deed dated 19.4.1993 in favour of the appellant. In respect of the property scheduled to the suit, i.e., O.S.No.9740/2006, the sale in favour of the respondent is invalid and is void ab-initio. Hence the respondent declares the said sale as null and void and agrees to cancel the same. The respondent undertakes, agrees and declares that he or his legal representatives will not raise any sort of claim in respect of the property scheduled to the suit, i.e., O.S.No.9740/2006, in any manner against the appellant or anybody claiming through him or by him. 7. That the respondent hereby undertakes and agrees to execute such necessary documents, transfer deeds, conveyance etc., to remove the ambiguity or encumbrances in respect of the property scheduled to the suit or in respect of the property scheduled to sale deed in favour of the appellant or in respect of the property scheduled to the sale deed dated 09.03.2006 registered in the office of Sub Registrar Yelhankha, Documents No. B.N.S.U.Y.L.N.K.No.16657 2005-2006 p-1 to 9. 8. That the respondent has this day agreed to deliver all the original documents said to be in respect of the portion of the property scheduled to the suit in his name to the appellant. Since all the original documents are produced in the suit, the respondent has no-objection for taking back the all the documents produced by him in the court below by the appellant. As a good will gesture, the appellant has paid a sum of Rs.6,00,000/-(Rupees Six Lakhs only) to the respondent before this Hon'ble Court today. The respondent has acknowledged the receipt of the same. 9. That in view of the settlement between the parties the respondent has no objection for decreeing the suit of appellant, i.e., I.S.No.9740/2006, as prayed for by allowing the above appeal and the respondent withdraws all his statement/objections filed in the suit also raised in the above appeal. 10. The respondent has acknowledged the receipt of the same. 9. That in view of the settlement between the parties the respondent has no objection for decreeing the suit of appellant, i.e., I.S.No.9740/2006, as prayed for by allowing the above appeal and the respondent withdraws all his statement/objections filed in the suit also raised in the above appeal. 10. Both the parties submit that they have no claims whatsoever against each other in future and the dispute involved between them has been settled fully and finally by this compromise. 11. Both the parties submits that suit be decreed in terms of this compromise petition. Wherefore, both the parties pray that this Hon'ble Court be pleased to allow the above appeal in terms of the above compromise and a decree be passed in the following terms :- (i) Plaintiff / Appellant is the owner of Suit Schedule property in O.S.No.9740/2006 more fully described in the Schedule below. (ii) A decree of permanent injunction be granted against the defendant restraining the defendant from disturbing the possession of the appellant in respect of the suit schedule property described in the Schedule below. SCHEDULE All that piece and parcel of property bearing No.63 in Katha No.581 situated at Kodigehalli village Yelahanka Hobli, Bangalore North Taluk, Bangalore measuring East to West: 30 feet and North to South: 40 feet along with the standing construction thereon and bounded on: East by :- 30 feet Road West by :- Property No.64 of Sarvamangala North by :- Property No.49 of T. Aruna South by :- 25 feet Road” The parties are present before the court and they concede that they have agreed to the terms of the compromise. Since the 8 same is not illegal or collusive, the same is taken on record and is allowed. The office to draw-up a decree in terms of the compromise.