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Judgment
K.L. Manjunath J.
These two appeals are preferred by the Appellants who are Defendants in O.S. No. 1970/2004 on the file of the 12th Addl. City Civil Judge, Bangalore dated 12.11.2009.
After arguing the matter, parties in both the appeals have filed a joint memo. It is signed by the Appellants in both the appeals and it is also signed by the Respondent/Plaintiff and their learned advocates. Parties admit the execution of the joint memo. They have been identified by their respective advocates. Appellant in RFA No 640/2010 has agreed to vacate and hand over possession of the property viz., ground floor of the plaint schedule property to the Appellant in RFA No. 1321/2009 on payment of Rs. 5 lacs by the Appellant in RFA 1321/2009 within 30 days from the date of receipt of the above said amount or before the end of May, 2011 whichever is earlier. Similarly, Appellant in RFA 1321/2009 has agreed to vacate and hand over vacant possession of the plaint schedule property on or before the end of May, 2011 without driving the Respondent-Plaintiff to file any execution and he shall give an undertaking to this Court within two weeks from today to the said effect subject to the Respondent-Plaintiff paying a sum of Rs. 2 lacs to the Appellant Annegowda within one week from today. The amount in deposit in RFA 1321/2009 before this Court shall be withdrawn by him for which Respondent has no objection.
Accordingly, these two appeals are disposed of in terms of the joint memo. In view of the settlement arrived at by the parties, Appellants in both the appeals are entitled for refund of court fee in view of the settlement arrived at between the parties at the instance of the court.