Neelamma vs K.G. Shashidhar

B.V. Nagarathna, J.—This matter was moved in the morning session for urgent listing today so that the compromise between the parties could be recorded and the appeal be closed in terms of the compromise.

Permission being granted, the matter has now been listed.

The 1st respondent - Sri K G Shashidhar states that the matter may be disposed in terms of the compromise today itself even in the absence of his counsel Sri Vijaykumar R, as there is urgency and that on 1.1.2015 he intends to have a medical check up.

Learned counsel for the appellants state that the dispute has been settled between the parties and that there is no legal impediment for disposal of the appeal in terms of the compromise petition filed under Order XXIII Rule 3 of the Code of Civil Procedure (CPC).

This appeal assails order dated 4.3.2014 passed on I.A.I in O.S. No. 8764/13 by the XXXIX Additional City Civil Judge, Bangalore. That suit has been filed by the respondents herein seeking specific performance of agreement of sale dated 26.2.2009. During the pendency of the suit, the respondents/plaintiffs had filed an application under Order XXXIX Rules 1 and 2 of CPC seeking an order of temporary injunction against the defendants in the suit restraining them from alienating the suit schedule property till the disposal of the case. By the impugned order dated 4.3.2014, application filed by the plaintiffs was dismissed. As against that order, this appeal has been preferred. During the pendency of this appeal, parties herein have settled their disputes and they have filed a compromise petition. Parties have affixed their signatures to the compromise petition.

Learned counsel for the appellants has identified each of the appellants who are present in Court. Respondents are present in Court in person. They state that even though their advocate is unable to attend to the proceeding, even then, the matter could be disposed of in terms of the compromise petition. The parties jointly state that they have arrived at this compromise on their own, free volition and that there has been no coercion or any force from any quarter in arriving at the settlement.

The compromise petition is taken on record. It is signed by all the parties and by the advocate for the appellants. It reads as under:

"APPLICATION UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE"

The parties above named in the miscellaneous first appeal respectfully submits as follows:--

"1. The appellants above named have filed this appeal challenging the orders passed by the Hon''ble xxxix Additional City Civil Judge at Bangalore by allowing the I.A. No. 1 under Order 39 Rule 1 & 2 filed by the respondents herein, vide order dated 04.03.2014 and restrained not to alienate the schedule properties by the appellants.

The respondents herein have filed a suit O.S. No. 8764/2013 for the relief of specific performance of the contract against the appellants herein, to execute the sale deed as per the sale agreement dated 26.02.2009 entered in to between the parties.

The Hon''ble city civil court was pleased to issue summons to the defendants and the defendants have filed their written statement in the suit disputing the contents of the plaint and disputing the alleged sale agreement and it''s validity and they have prayed for dismissal of the suit.

On the advice of friends, relatives, elders and well-wishers of the parties, both appellants and respondents are agreed to solve the dispute amicably and to maintain good relationship between the parties, entered into this compromise petition as stated hereunder.

The respondents herein have agreed to give up all their right interest, title and claim over the suit schedule properties bearing survey No. 18/6 measuring 13 guntas and land, bearing survey No. 18/7 measuring 9 guntas of land and bearing survey No. 18/9 measuring 23 guntas total 1 acre and 5 guntas of land, situated at Roopena Agrahara Village Begur Hobli, Bangalore South Taluk, Bangalore, by obtaining a sum of Rs. 1,00,00,000/- (Rupees One Crore only) from the appellants.

The appellants have also agreed to pay to the respondents.

a) Rs. 50,00,000/- (Rupees Fifty Lakhs only) through a demand Draft bearing No. 840666 dated 26.12.2014 Drawn on Karur Vysya Bank Ltd., Jayanagar Branch, Bangalore in favour of Sri Siddaganga Developers represented by 1st Respondent.

b) Rs. 25,00,000/- (Rupees Twenty Five Lakhs only) to the respondents through a demand Draft bearing No. - 840727 dated 29.12.2014 Drawn on Karur Vysya Bank Ltd., Jayanagar Branch, Bangalore in favour of Sri Siddaganga Developers represented by 1st Respondent.

c) Rs. 25,00,000/- (Rupees Twenty five Lakhs only) to the respondents through a demand Draft bearing No. 840731, dated 30.12.2014 Drawn on Karur Vysya Bank Ltd., Jayanagar Branch, Bangalore in favour of Sri Siddaganga Developers represented by 1st Respondent. And the respondents have accepted the same. The respondents have no manner of right, title, interest or claim over the suit schedule properties and they submits that the appellants are at liberty to enter in to any kind of transactions with any person/s as their will and wish, as a lawful owners in peaceful possession of the suit schedule properties.

The Respondents herein have agreed to withdraw the suit in O.S. No. 8764/2013 pending on the file of the Hon''ble XXIX Additional City Civil Judge at Bangalore (cch-40) on or before 05.01.2015 by advancing the case under intimation to the appellants.

The respondents have agreed to return all the originals of sale agreement dated 26.02.2009, GPA dated 11.09.2008 and MOU entered into between the parties to the appellants.

The appellants and respondents have entered in to this compromise petition, on their own free will and volition, without any compulsion, threat or force from anybody.

The appellants have no objection to receive the court fee if admissible as per law."

WHEREFORE, it is respectfully prayed that this Hon''ble court be please to dispose of the above matter in accordance with this compromise petition, in the interest of justice and equity.

SCHEDULE PROPERTY

"All the piece and parcel of land bearing Sy. No. 18/6, measuring 13 guntas, land bearing Sy. No. 18/7, measuring 9 guntas of land and bearing survey No. 18/9 measuring 23 guntas total 1 acre and 5 guntas of land situated at Roopena Agrahara Village Begue Hobli, Bangalore south Taluk, Bangalore."

Learned counsel for the appellants state that appellants are paying a sum of Rs. 1.00 crore to the respondents jointly in the name of respondent company i.e., Sree Siddaganga Developers. The details of the pay orders i.e., one of Rs. 50,00,000/- and two of Rs. 25,00,000/- each are mentioned in the compromise petition. Learned counsel for the appellants state that these pay orders are being handed over to the respondents before this Court and the same may be recorded. Respondents acknowledge receipt of three pay orders in Court. Respondents state that they would withdraw O.S. 8764/13 on 9.1.2015 by advancing the case upon intimation to the appellants herein. In the circumstances, the appeal is disposed of in terms of the compromise. In view of the disposal of the appeal, I.A. No. I/14 does not survive for consideration and is ordered to be filed.