Smt. Shaheen Taj vs R. Krishna

Ashok B. Hinchigeri, J.—Issue emergent notice to the respondent.

At this juncture, Sri G.M. Hemanth Kumar, the learned counsel files vakalath for the respondent. The same is taken on record.

The parties have filed the joint compromise petition invoking Order XXIII Rule 3 of C.P.C. The same is signed by them and their respective learned advocates. The parties and their signatures are identified by their respective learned advocates. The parties are present before the Court. They state that they have entered into this agreement of their own volition and without any duress from anybody.

The joint compromise petition reads as follows:

At the intervention of well-wishers of both the parties, both the parties agree to settle the dispute amicably with the following terms and conditions:--

The appellant had filed a suit in O.S. No. 6448/2009 against the respondent on the file of the XXV Additional City Civil Judge, Bangalore for declaration and possession in respect of the property bearing No. 214/6, V.P. Khatha No. 5, T.M.C. Khata No. 2718, Municipal Corporation No. 2672/2718/214/6 - situated at Nagadevanahalli Village, Kengeri Hobli, Bangalore South Taluk on the ground that she is the owner of the said property, and she had purchased the same from Doddaiah and Avaraiah represented by their Power of Attorney holder-Secretary of the Jagajyothi House Building Co-operative Society Limited, under the registered sale deed dated 25.4.1993. It is also contended that when she was not in station, the respondent trespassed over a portion of the suit schedule property to an extent of 15 feet x 40 feet -which is shown as ''B'' Schedule property in the suit.

The respondent, though served with summons, remained absent throughout the proceedings, and he was placed ex-parte. On the basis of the pleadings of the plaintiff, the Court framed five issues, and thereafter, recorded the evidence of the appellant - plaintiff as P.W.1 and got marked Exs.P1 to P16. Thereafter, after hearing on the appellant, the suit is dismissed on the ground that the plaintiff has not chosen to appoint a Court Commissioner to find out the actual extent of encroachment. The Court has also given the finding in respect of ownership of the property and declared that the appellant is owner of the ''A'' schedule property. Aggrieved by the said dismissal order, the appellant has preferred this appeal.

At the intervention of well-wishers of both the parties, the respondent has agreed to deliver the encroached portion, i.e. to an extent of 15 feet x 40 feet which is mentioned in ''B'' schedule to the plaint - in favour of the appellant herein on this day i.e. 22.10.2013.

The appellant is agreed to pay a sum of Rs. 1,00,000=00 by way of cash to the respondent before this Court.

The respondent undertakes that he will never interfere with the suit schedule property in future.

The respondent has no objection to allow the above appeal in terms of the above compromise.

Both the parties humbly pray that this Hon''ble Court may be pleased to allow the above appeal by setting aside the judgment and decree passed in O.S. No. 6448/2009 and decree the suit in terms of the above Compromise Petition.

The appellant pays a sum of Rs. 1,00,000/- (Rupees one lakh only) to the respondent pursuant to the understanding reached between them. The respondent acknowledges the receipt of the same. Recording and accepting the compromise, I dispose of this appeal. The judgment and decree, dated 3.4.2012 dismissing O.S. No. 6448/2009 is set aside. The said suit stands decreed in terms of the compromise petition extracted hereinabove. No order as to costs.