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Judgment
9 paragraphs · 305 wordsN.Anil Kumar, J
This regular second appeal is against the judgment and decree dated 29.09.2020 in AS No. 96 of 2019 on the file of the Sub Court, Pala, which arose from the judgment and decree dated 31.10.2019 in OS No. 212/2016 on the file of the Munsiff Court, Pala.
The suit was for declaration of title of the plaintiff over the plaint schedule property, recovery of possession of the plaint schedule property and also for other consequential reliefs. The appellants herein are the legal heirs of the defendant in the suit, who died pending proceedings, and the respondent is the plaintiff. The suit was decreed by the trial court. The first appellate court dismissed the appeal, confirming the judgment and decree of the trial court. Hence, this RSA.
Parties are hereinafter referred to as they are referred in the trial court.
During the pendency of the appeal, the case was referred for mediation. Both the legal heirs of the deceased defendant and the plaintiff settled the case out of court through mediation. The report of the mediator in the matter along with enclosures is received. The memorandum of settlement filed under Section 89 of the Code of Civil Procedure r/w Rules 24 and 25 of the Civil Procedure (Alternative Dispute Resolution) Rules, 2008 is forwarded for approval.
On going through the terms of compromise, this Court is of the view that the terms are in accordance with law and there is no legal impediment in accepting compromise. Hence, the compromise is recorded.
Resultantly, this RSA stands disposed of in terms of compromise. The terms of the compromise will form part of the decree.
Refund the court fee to the learned counsel for the appellants.
There will be no order as to costs. Pending applications, if any, stand disposed of.