Mr. K. Moideen Kutty vs Mrs. Hajra Hajee Fakir Mohammed, Also known as Hajara Bai, Mrs. Tasneem Fakir Mohammed, Mrs. Nighat Fakir Mohammed and Mr. Maqsood Ahmed

N.K. Patil, J.—The appellant being aggrieved by the impugned judgment and decree dated 10/01/2012 passed in O.S. No 7340/2008 on the file of the XXV Additional City Civil & Sessions Judge, Bangalore, has presented this appeal. We have heard learned counsel for both the parties.

During the course of the submission, learned counsel for both the parties have submitted that, the matter has been settled out of Court and they have filed a Joint Memo dated 20th April 2012 duly signed by both the parties who are present before the Court and attested by their respective counsel. Therefore, they submitted that, the instant appeal may be disposed of in terms of the said joint memo.

The terms and conditions of the Joint Memo dated 20th April 2012 reads as under:- 1. At the request of the appellant/tenant, the respondents have agreed to grant time to the appellant till 31st December 2012 to voluntarily quit and deliver vacant possession of the suit schedule property to the respondents. The appellant shall file an affidavit undertaking stating that he is the sole tenant and that he shall voluntarily vacate the suit schedule property on or before 31/12/2012, without creating third party rights or interest. This under taking shall be filed on the reopening day (21/05/2012).

The appellant shall, with effect from April 2012, start paying monthly rental/damages at the rate of Rs. 50,000/- per month as fixed by the Hon''ble Trial Court. The appellants undertake to pay the balance of damage on or before 31/12/2012.

In view of the settlement arrived at, the appellant respectfully seeks refund of the entire court fees paid by him on the appeal.

The parties pray that the Hon''ble Court may be pleased to dispose of the appeal in terms of the -Joint Memo, in the interest of justice and equity.

Placing the submissions made by learned counsel for both the parties and the terms and conditions of the Joint Memo on record, the instant appeal is disposed of, in terms of the joint memo. Office is directed to draw the decree in terms of the Joint Memo.

Further, learned counsel for the appellant is directed to file an undertaking affidavit after serving the copy of the same to the learned counsel for the respondents on or before 23rd May 2012.

In view of the disposal of the appeal as settled out of Court as per the Joint memo dated 20/4/2012, the Registry is directed to refund the Court Fee paid on the memorandum of appeal, immediately. Ordered accordingly.