Basavaraju and Vishakantegowda vs B.M. Kamala and Others

H. Billappa, J.—The learned counsel for the appellants 1 and 2 and the learned counsel for the 1st respondent have filed joint memo dated 10.06.2012 which is reads as under:-

The parties submit as under:-

On the intervention of well wishers and friends, the Appellants and the Respondent No. 1 have come to mutual understanding and agreement in so far as the item No. 6, 7 and 8 of the suit schedule properties in Sy. Nos. 778, 780 and 777 are concerned and the said properties are morefully described in the schedule to this Memo.

As agreed to between the parties, the 1st respondent has received the agreed amount from the Appellants 1 and 2 in full settlement of her claim and the 1st respondent gives up her claim in so far as the aforesaid item No. 6, 7 and 8 of the suit schedule properties described in this Memo schedule.

The 1st respondent confirms that she will not claim any right or interest over the aforesaid Memo schedule properties item No. 6, 7 and 8 of the suit schedule properties, in any manner and the Appellants Nos. 1 and 2 are at liberty to deal with the same as absolute owners thereof in any manner as they deem fit and without any claim or objection whatsoever by the 1st respondent.

It is agreed that the aforesaid settlement is only in respect of item No. 6, 7 and 8 of the suit schedule properties, described in this memo schedule only and the same is without prejudice to the rights of the 1st respondent in so far as the remaining suit claim and other properties are concerned.

It is also agreed that the appellants do not have any claim whatsoever against all the respondents and against other properties and that the above settlement holds good in respect of the concerned R.F.A. No. 16/2008 and Cross Appeal No. 10/2011 also.

Wherefore, it is prayed that this Hon''ble Court be pleased to take note of the above facts and giving up of the right by the 1st respondent in so far as the item No. 6, 7 and 8 of the suit schedule properties described in the schedule properties described in the schedule hereunder are concerned and place it on record in the above case, and dispose off the above appeal R.F.A. No. 1201/2008 in the interest of justice.

The learned counsel for the appellants and the learned counsel for the 1st respondent submit that the appeal may be disposed of in terms of the joint memo.

Accordingly, the appeal is disposed of in terms of the joint memo. The judgment and decree passed by the Trial Court in O.S. No. 337/2001 is hereby set aside in respect of item Nos. 6, 7 and 8 of the suit schedule properties.