Smt. Nazira Begum vs Smt. Hanumakka

Ashok B. Hinchigeri, J.—This appeal is directed against the judgment and decree, dated 25.2.2003 passed by the Court of the I Additional City Civil and Sessions Judge, Bangalore (CCH-2) in O.S. No. 5343/90. By the said judgment, the Trial Court dismissed the Appellant''s suit for the specific performance of the agreement.

Today a joint compromise petition duly signed by the Appellant, the Respondent and their respective ''earned advocates is filed. The parties are present before me. They and their signatures are identified by their respective learned advocates. The parties state that they have entered into this settlement of their own volition and without any duress from anybody.

The joint compromise petition reads as follows:

The parties submit that the judgment and decree under appeal viz, judgment dated 25/2/03 passed in O.S. No. 5348/90 on the file of I Additional City Civil Judge (CCH-2), (sic) be set-aside.

There shall be a decree directing the Respondent herein to execute the sale deed in favour of the Appellant for a sum of Rupees Seven Lakhs (Rs. 7,00,000/-) in place of Rs. 45,500/-.

The parties confirm that the Appellant is the person who is in possession of the plaint schedule property in pursuance of the agreement dated 24/9/88.

The entire Court fee be refunded.

The parties to bear their own costs.

Recording the compromise, I set aside the judgment and decree under appeal. The suit for the specific performance stands decreed in terms of the joint compromise petition, the terms of which are extracted hereinabove.

In view of the Division Bench judgment of this Court in the case of A. Sreeramaiah Vs. The South Indian Bank Ltd., , the office is directed to refund the entire court fee to the Appellant''s side.