H. Syed Abdul Aleem Since dead by L.Rs. (Syed Muhibbur Rehman and Others) and Others vs Mr. Ravindra S. Shetty

V. Jagannathan, J.—When these two appeals were taken up, the learned Counsel for the parties filed a compromise petition under Order

23 Rule 3 of the C.P.C. and submitted that the parties to the two appeals have agreed to compromise the matter and as per the terms of the

compromise, in view of the suit schedule properties having been acquired by the K.I.A.D.B., the parties have agreed that the compensation

payable by the K.I.A.D.B. shall be shared between the parties in the manner mentioned in the compromise petition viz., 58.75% of the total

compensation payable by the K.I.A.D.B. shall go to the appellants in the two appeals and 41.25% shall go to respondent Ravindra S. Shetty, who

was the plaintiff in the suits.

It is also agreed to by the parties that, in the event of the acquisition proceedings being quashed or withdrawn or given up by the K.I.A.D.B.,

then, the suit lands shall be shared between the parties as indicated in pages 5 and 6 of the compromise petition and the land that will go to the

appellants are mentioned at (a) and (b) and the land which the respondent, will get is mentioned at (a).

All the parties are present before the court and they have signed the compromise petition along with their respective counsel and all of them

admit the terms and conditions of the compromise petition.

In view of the aforesaid compromise arrived at between the parties, the judgments of the trial court in the two suits, which have given rise to

these appeals, shall stand accordingly modified and the terms of the compromise arrived at by the parties as per the compromise petition shall be

incorporated in the decree and the compromise petition shall also form part and parcel of this order.

The appellants are entitled to refund of court fee as per the provisions of the Karnataka Court Fees & Suits Valuation Act.