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Judgment
The 6th defendant in O.S. No.40/1969 on the file of the I Additional Civil Judge Court, Mysore has come up in the second appeal assailing the divergent findings rendered in R.A. No.5/1990 on the file of Fast Track Court, Mysore.
When this appeal is at the stage of final hearing, Compromise Petition is filed under Order XXIII Rule 3 of CPC wherein it is stated that at the intervention of well-wishers of both the parties, the appellant has agreed to withdraw this appeal thereby accepting the judgment and decree passed in R.A. No.5/1990. In lieu of said gesture in withdrawing the said appeal, the respondents 2 to 5 who are the contesting respondents in this appeal have agreed to pay a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) which is tendered by them by way of Demand Draft issued by SVC Co-operative Bank Limited, Peenya Branch, Bengaluru, in favour of the appellant herein. The said demand draft bearing No.025645 dated 06.07.2017 is delivered for and on behalf of respondents 2 to 5 in favour of appellant before this Court.
Appellant acknowledges receipt of the aforesaid demand draft.
In view of the settlement arrived at between the parties in the aforesaid terms as prayed by them, the present appeal is dismissed as withdrawn thereby confirming the judgment and decree passed in R.A.No.5/1990 by the Fast Track Court, Mysore as against the appellant who has filed the present appeal challenging the same.
The appellant present before the Court is permitted to affix her thumb impression to the order- sheet which shall be identified and signed by her counsel.
In view of the settlement being arrived at between the parties, Court Fee is ordered to be refunded in terms of the Karnataka Court Fees and Suits Valuation Act.