Farida Banu vs J.K. Prahalad and Others

Ravi V. Malimath, J.—A compromise petition under Order-23, Rule-3 of C.P.C., has been filed in the court today, which is signed by the learned counsels for the appellant and respondents and also by the appellant and respondent Nos. 1 and 2, who are present before the court and are identified by their respective counsels. The parties have agreed to the following:

"a. The appellant is agreed that she will execute the registered sale deed in respect of the suit schedule property fully described in the suit in O.S. No. 128/2008 in favour of the respondent No. 2 before the Sub-Registrar of Molakalmur, Chitradurga District, on 06.02.2015. The appellant shall obtain all the original documents produced by the appellant in O.S. No. 128/2008 before the Civil Judge (Junior Division) and JMFC at Molakalmur, on or before the execution of sale deed and hand over the same to the 2nd respondent.

b. The respondent No. 2 is hereby agreed and come forward to purchase the suit schedule property which fully described in O.S. No. 128/2008 for total sale consideration of 10,00,000 (Rupees Ten Lakhs Only).

c. The 2nd respondent today has handed over the Original Demand Draft dated 25.11.2014 vide No. 983110 for a sum of Rs. 5,00,000/- (Rupees Five Lakhs Only) drawn at State Bank of India, Salakamcheruvu Branch, to the appellant. The 2nd respondent undertaken to hand over another Demand Draft dated; 25.11.2014 vide No. 983110 for a sum of Rs. 5,00,000/- (Rupees Five Lakhs Only) drawn at State Bank of India, Salakamcheruvu Branch, to the appellant on the date of execution of sale deed.

d. If the appellant failed to execute the sale deed on the date fixed above or subsequent date, the judgment and decree passed by the courts below shall stands revived and the 2nd respondent is entitle to refund of Rs. 5,00,000/- (Rupees Five Lakhs only) which was paid to the appellant through original Demand Draft Dated; 25.11.2014 vide No. 983110 for a sum of drawn at State Bank of India, Salakamcheruvu, Branch.

e. The respondent No. 1 hereby agreed that he has no objection for executing the registered sale deed in respect of the suit schedule property in favour of respondent No. 2 and further agreed that the respondent No. 1 will not claim any right, title or interest over the suit schedule property.

f. The Respondent No. 2 hereby agreed that the stamp duty and other costs of the execution of registered sale deed shall be borne by him only. It is his duty and responsibility for getting katha and documents in his favour.

g. The appellant here by agreed that she will not claim any other extra amount for execution of registered sale deed in respect of the suit schedule property in favour of the respondent No. 2 except the agreed sale consideration amount of Rs. 10,00,000/- as full and final settlement.

h. The appellant and both the respondents hereby agreed that any suit or proceedings pending before any court or tribunal or authority filed in respect of the suit schedule property filed by the appellant or even the respondents are to be withdrawn as compromised in terms of this Joint memo without any further complications.

i. The appellant agreed that she has no claim whatsoever nature in respect of schedule property hereafter.

j. The respondent No. 1 here by agreed that there will be no disputes between respondent No. 1 and 2 in respect of the execution of the registered sale deed by the appellant in respect of the suit schedule property in favour of respondent No. 2.

k. The appellant and respondents hereby agreed that all disputes with respect to the suit schedule property is hereby resolved and compromised between the appellants and respondent No. 1 and 2 under this compromise."

Under these circumstances, they pray that the decree be modified in the terms of the compromise. In view of the compromise being effected to between the parties, the question of considering the substantial question of law that was framed during the time of admission does not arise for consideration. Consequently, the order dated 11.12.2012 is recalled. The appeal is disposed off based on the compromise petition.

Registry to draw the decree accordingly.

The trial court shall return the original documents to the parties in accordance with law.