JUDGMENT : Aravind Kumar, J. 1. This is a defendant's appeal challenging Judgment and decree passed by XXXIX Additional City Civil and Sessions Judge, Bangalore, dated 25.04.2009 in O.S. 5052/2008 whereunder defendant has been restrained by an order of temporary injunction from dispossessing the plaintiff from the plaint schedule property. Learned advocates appearing for the parties after arguing the matter for considerable length of time have filed a compromise petition under Order XXIII, Rule 3 of C.P.C. where under it is agreed between the parties as under: "7. In order to resolve the matter the parties have agreed to the following terms to settle the matter so that the Appeal can be closed once and for all. 1. The Respondent has agreed to return Rs. 2.00 lakhs (Two lakhs) taken from Appellant with interest of Rs. 1.00 lakh (one lakh) only, totally three lakhs. Out of this three lakhs, two lakhs will be paid today in cash to the Appellant and remaining Rs. 1.00 lakh (one lakh) will be paid by post dated cheque of Rs. 50,000/- (Rupees Fifty Thousand) each for realization in the month of September and October 2014. 2. The Cheque Numbers 758217 and 758218 dated 10th September, 2014 and 10th October, 2014. 3. The Appellant accept the above and acknowledge for having received the amount. 4. The Appellant will deliver all the original documents related to the suit property to Respondents and the Respondent hereby accept and acknowledge receipt of the same. 5. The Appellant will hand over the possession to Respondent, today. 6. The Agreement has been arrived on own accord voluntarily without coercion or compulsion or influence. 7. By above transactions, the Appeal stands to be closed. 8. The Appellant submit that he will not have any claim in the above referred suit property in the future". 2. Appellant and respondent are present before the court. They submit that though they do not know English language, contents of compromise petition has been read over and explained in the language known to them namely Kannada by their respective learned advocates and only after having understood the contents thereof they have affixed their signatures voluntarily without any force, threat or coercion and out of their own free will and volition. Learned advocates who are present before the court in token of having identified the respective parties have also affixed their signatures to the compromise petition. Learned advocates who are present before the court in token of having identified the respective parties have also affixed their signatures to the compromise petition. Appellant acknowledges the receipt of a sum of Rs. 2,00,000/- as also two post dated cheques of Rs. 50,000/- each from the respondent. Appellant has agreed to hand over possession of the suit schedule premises to the respondent during the course of the day to which respondent has also agreed and accepted. In that view of the matter I do not find any impediment to accept the compromise petition. Accordingly it is accepted. Judgment and decree of trial court stands substituted to the terms set out in the compromise petition. Accordingly appeal stands disposed of. No costs. In view of appeal having been disposed of all pending applications do not survive for consideration and stands rejected.