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Judgment
H. Billappa, J.—The appellants and Sri A. Gajaraj, the respondent No. 4 who is also the power of attorney holder of respondents 1 to 3 and 5 to 8 and the learned Counsel for the parties are present before the Court. They have filed a joint memo which reads as under:
The parties above named beg to state as follows:
That the appellants above named has filed the above appeal challenging the Judgment and decree passed in OS. No. 2649/2008 dated 03.10.2009 on the file of the XIV Addl.City Civil Judge, Bangalore, directing the appellants to vacate and deliver vacant possession of the schedule property within three months and also directed the appellants to pay the damages at the rate of Rs. 800/- per month from the date of suit i.e., 09.04.2008 to the Respondents.
It is submitted that the parties above named after due deliberation have decided to compromise the dispute under the following terms.
a. The appellants have agreed to hand over the vacant possession of the schedule premises to the Respondents on or before 31.3.2011 and the respondents have agreed to the same. -The appellants have no claim against the respondents regarding advance/deposit and no amount are due in this behalf.
b. The Appellants have this day tendered a sum of Rs. 19,200-00 by way of cash as damages from 09.04.2008 till date to the respondents and the same has been acknowledged by the respondents. Further the appellant agreed that they will not file any application for extension of time.
c. The Appellants have agreed to pay sum of Rs. 800/- as rent/damages every month without default to the Respondents till 31.03.2011 for which the Respondents have also agreed. In the event of the appellant failing to pay the same every month on or before 10th of every month the respondent is at liberty to execute the decree.
Wherefore, it is prayed that this Hon''ble Court may of pleased to pass on order in terms of the above compromise in the interest of justice and equity.
The parties and the learned Counsel for the parties submit that the appeal may be disposed of, in terms of the joint memo.
Accordingly, the appeal is disposed of in terms of the joint memo. The judgment and decree passed by the Trial Court in O.S. No. 2649/2008 stands modifier in terms of the joint memo. The appellants are granted time-till 31-3-2011 to vacate the premises. The appellants shall vacate and deliver vacant possession of the premises to the respondents on or before 31.3.2011. The appellants have tendered a sum of Rs. 19,200/- in cash towards damages from 9.4.2008 till date and the learned Counsel for the respondents reports the receipt of Rs. 19,200/-. The appellants shall pay the rents/damages at the rate of Rs. 800/- per month from April 2010 onwards till 31-3-2011, on or before 10th of every month, failing which, the respondents can execute the decree.
Draw up the decree, in terms of the joint memo.