Dharamchand vs R. Mahalakshmi

H. Billappa, J—The appellant, the respondent and the learned counsel for the appellant are present before the court. One Sri. Lingaraju who is not a party to the appeal but who has purchased the suit schedule property is also present before the court.

The appellant and the respondent have settled the matter before the Mediation Centre. The memorandum of settlement reads as under:

I. The appellant/plaintiff has filed a suit for specific performance of contract against the respondent/defendant in respect of the suit schedule property pursuant to the agreement to sell executed by the respondent/defendant in favour of the appellant/plaintiff in O.S. No. 26243/2009 before the XXVIII Addl. City Civil and Session Judge, Mayo Hall (CCH No. 29), Bengaluru. The said suit as partly decreed. Aggrieved by the said judgment and decree of the Trial Court, the appellant has filed the above Regular First Appeal before the Hon''ble High Court of Karnataka, Bengaluru under Section 96 r/w. Order XLI Rules 1 & 2 of the Code of Civil Procedure.

II. The above Regular First Appeal is referred to mediation for resolving the dispute between the parties. During the course of mediation, the parties have agreed and resolved their disputes on the following terms and conditions.

Both the parties by ignoring the list involved in the above appeal have agreed to sell the suit schedule property in favour of Sri. Lingaraju being the tenant of the suit schedule property belonging to the respondent/defendant. Accordingly, both the parties have sold and executed a Registered Sale Deed dated 12.3.2015 in favour of Sri. Lingaraju for a sum of Rs. 36,45,000/- (Rupees Thirty Six Lakhs Forty Five Thousand Only).

As agreed between the parties, the appellant/plaintiff has received a sum of Rs. 17,00,000/- (Rupees Seventeen Lakhs Only) and the respondent/defendant has received a sum of Rs. 19,45,000/- (Rupees Nineteen Lakhs Forty Five Thousand Only) from Sri. Lingaraju. Both the appellant and the respondent have acknowledged the receipt of the said amount in full and final settlement of the claim involved in the suit.

Both the parties have agreed to deliver all the original documents of the title to Sri. Lingaraju.

It is agreed between both the parties that is the full and final settlement and apart from what is stated above, they do not have any other claim/s of whatsoever nature either past, present or future in respect of the suit schedule property.

SUIT SCHEDULE PROPERTY

All that piece and parcel of Residential Property bearing Municipal Corporation No. 6, BMP PID No. 02-128-6 (hitherto identified as Old Site No. 13 of Jalahalli Village, Yeshwanthapur Hobli, Bengaluru North Taluk) now renamed as Bhabhubalinagar, 5th A Main Road, Jalahalli, Bengaluru - 560 013, comprising of a residential building consisting of Ground, first and second floors, measuring East to West 30 feet and North to South 30 feet, compromising an area of 900 square feet, compromising an area of 900 square feet, and bounded on the:

East by: Road,

West by: Site bearing No. 20

North by: Site bearing No. 14

South by: Site bearing No. 12

III. In view of the aforesaid agreement entered between the parties hereto, the parties pray that this Hon''ble Court be pleased to dismiss the above suit, in terms of the aforesaid settlement/agreement.

IV. In view of the aforesaid agreement, the appellant/plaintiff prays for refund of the full Court fee.

The appellant, the respondent and the learned counsel for the appellant who are present before the court submit that the appeal may be disposed of in terms of the memorandum of settlement. The parties admit the terms of settlement.

Accordingly, the appeal is disposed of in terms of the memorandum of settlement. The judgment and decree passed by the Trial Court in O.S. No. 26243/10 is hereby set aside and the suit is dismissed. The appellant is permitted to take back the documents produced in the original suit and hand over the same to Sri. Lingaraju as agreed.

Refund the court fee to the appellant as permissible under section 66 of the Karnataka Court Fees and Suits Valuation Act as amended.