Smt. N.S. Muniyamma vs Smt. N. Govindamma

N. Ananda

When the matter is taken up for hearing, appellant-defendant, respondent-plaintiff and learned counsel for parties have filed a compromise petition reading as hereunder:-

Parties have amicably compromised the matter as under:-

The Appellant withdraws her challenge to the judgment and decree dated 17.8.2004 passed in O.S. No. 7309/1992 passed by the XIV Addl. City Civil Judge, Bangalore.

Appellant undertakes to voluntarily handover vacant possession of the suit schedule property to the Respondent on or before 10.9.2014.

Appellant undertakes not to seek for any extension of time.

Respondent agrees that Appellant shall continue to reside in the suit schedule property without paying any rent till 10.9.2014.

If the Appellant does not voluntarily handover vacant possession of the suit schedule property on or before the time stipulated above, the Respondent shall be at liberty to file the Execution Case and take possession of the suit schedule property through the process of the court.

The Judgment and Decree dated 17.8.2004 passed in O.S. 7309/1992 stands confirmed in all other respects.

Parties do hereby declare to have entered into this compromise. out of their free will and volition.

Parties pray that the above appeal be disposed of in terms of this compromise.

The appellant and respondent admit the contents of execution of compromise petition. The compromise petition is accepted.

In view of compromise petition filed by parties, the judgment and decree made in O.S. No. 7309/1992 dated 17.08.2004 is confirmed. The appellant-defendant is granted two years time from today to vacate and handover vacant possession of suit schedule property to respondent-plaintiff. The appellant-defendant shall voluntarily vacate and handover suit schedule property to respondent-plaintiff on or before 10.09.2014. The appellant-defendant shall not seek for extension of time under any circumstances. The respondent-plaintiff had agreed that appellant-defendant shall continue to reside in the suit schedule property, without payment of rent till 10.09.2014. The appellant-defendant shall not create third party interest in suit schedule property. In view of the above, the appeal is disposed off in terms of the compromise petition as aforestated. As the parties have settled the matter at the intervention of the court, the appellant is entitled for refund of entire court fee on the appeal memorandum.