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Judgment
C.R. Kumaraswamy, J.—The appellants and their counsel are present. The respondents and their counsel are present. Compromise petition under Order XXIII Rule 3 read with Section 151 of CPC is filed. Execution of the compromise petition is admitted by the parties before the Court.
The compromise petition reads as under:
1) The above appeal is filed challenging the judgment and decree of dismissal of RA No. 18/2002, dated 22.1.2005, passed by the learned 1st Addl. District Judge, Kolar.
2) With the intervention of well-wishers, the parties to the above Appeal have decided to settle all disputes in respect of the entire properties of the family bf late B.V.S. Narayana Setty and Son, amongst themselves on the following terms:
a) The 1st respondent agrees to pay a sum of Rs. 14,00,000/- (Rupees Fourteen Lakhs only) to the Appellant No. 2 - Smt. Rajeshwari Rathnam, towards her share and also towards the share of mother, the deceased Appellant No. 1 - Smt. Sarojamma, in view of the fact the Appellant No. 1 - Smt. Sarojamma died on 12.11.2008 leaving behind a registered will, dated 11.7.2007, registered as Document No. RJN-3-00147-2007-08, bequeathing all her right and interest in favour of the Appellant No. 2 - Smt. Rajeshwari Rathnam. The Appellant No. 2 shall be entitled to receive and appropriate the entire sum of Rs. 14,00,000/- that would be paid by the Respondent No. 1, as mentioned earlier.
b) The Respondent No. 1 has paid the sum of Rs. 8,00,000/- to Smt. Rajeshwsri, W/o. Venkata Rathnam K.N., through Cheque bearing No. 001188, drawn on Axis Bank, Kolar, dated 29.03.2010 before the Court at the time of reporting of settlement and the balance sum of Rs. 6,00,000/- will be paid at the time of Registration of the Release Deed or Decree, at Kolar.
c) The Respondent No. 1 further agrees to pay a sum of Rs. 4,00,000/- (Rupees Four Lakhs only) to the Respondent No. 2 - Smt. Shamanthaka, W/o. M. Subhash Chandra, through Cheque bearing No. 001189, drawn on Axis Bank, Kolar, dated 29.03.2010, before the Court at the time of reporting of settlement and balance sum of Rs. 3,00,000/- at the time of registration of Release Deed at Kolar, i.e., in total the sum of Rs. 7,00,000/- towards full and final settlement of the share of Respondent No. 2.
3) The Appellant No. 2 - Smt. Rajeshwar; Rathnam has agreed to receive the said sum of Rs. 14,00,000/- towards the full and final settlement of her share and also towards the share of the deceased Appellant No. 1.
4) On receipt of the entire amount of Rs. 14,00,000/- and 7,00,000/- agreed to above, the Appellant No. 2 and Respondent-2 respectively, shall have no claim of whatsoever nature over any of the schedule properties that are the subject matter of decree in OS No. 78/1993, passed by the Principal Civil Judge (Sr.Dn.),. Kolar and Property bearing No. 3006, ''Murali Brindavana'', 2nd Cross, New Extension, Kolar, morefully described in Schedule A to D, hereunder.
5) Immediately after the receipt of the amounts, as mentioned above, the Appellant No. 2 and the Respondent No. 2 shall execute a registered Release Deed in favour of the Respondent No. 1 on the above terms, thereby releasing all their right, title and interest in respect of the Schedule Properties mentioned hereunder, before the Jurisdictional Sub-Registrar,. Kolar.
6) The above compromise is being arrived at between the parties out of their own will and volition. There is no force, coercion or undue influence that has been exerted on any of the parties to this Appeal in arriving at this compromise.
7) That for any reasons if the Appellant-2 and Respondent-2 do not come forward to execute and Register the Release Deed by receiving the balance amount as agreed above, the Respondent-1 shall be entitled to have the decree registered by depositing the balance amount into the Trial Court.
Wherefore, the parties to the above Appeal pray that this Hon''ble Court may kindly be pleased to dispose of the appeal in terms of the above compromise.
This Regular Second Appeal is disposed of in terms of the compromise petition filed under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure.