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Judgment
Huluvadi G. Ramesh, J.—This appeal by Defendant-1(a) challenging the judgment and decree passed by the XV Additional City Civil and Sessions Judge, Bangalore City, in O.S. No. 2798/1987 on 31.5.2008.
For the sake of convenience, the parties are referred to in terms of their status before the trial Court
The suit filed by the Plaintiffs against the Defendants seeking for declaration and consequential relief of permanent injunction in respect of the suit schedule property i.e., vacant site bearing No. 19/C/22 and New municipal No. 24, 14th Main road, Sunkenahalli, came to be decreed. Hence, this appeal by Defendant No. 1(a).
The parties, after negotiation arrived at a compromise find a joint memo is filed to that effect, which reads as under:
JOINT MEMO
The Appellant and Respondents-1 and 2 humbly submit as follows:
During the pendency of the suit O.S. No. 2798/1987 before the City Civil Court, Bangalore, the Bangalore Development Authority, the 3rd Respondent herein, ratified its earlier Lease cum Sale Agreement dated 29.7.1969 and the Transfer Agreement dated 2/9/2006 in favour of the Respondents-1 and 2 herein pursuant to the Rectification Deed executed on 5.9.2006 registered as Document No. 3400/2006-07 in Book I and stored in C.D. No. BDAD113 in the office of the Additional District Registrar, Bangalore Urban District, Bangalore, followed by the execution of Absolute Sate Deed in favour of the Respondents-1 and 2 herein on 6.9.2006 conveying the property being residential site No. 19/C in the layout formed by the Bangalore Development Authority in Sunkenahalli Adjacent Sites Extension, Bangalore, which is more fully described in Schedule ''B'' hereunder and the said document is registered as No. 3453/2006-07 in Book I and stored in C.D. No. BDAD113 in the office of the Additional District Registrar, Bangalore Urban District, Bangalore.
The Bangalore Development Authority also rectified its earlier Lease cum Sale Agreement dated 2.3.1979 that had been executed in favour of late Chenne Gowda S/o late Lakkanna Gowda pursuant to the deed of Rectification dated 17.8.2006 executed in favour of D.C. Gangadhara S/o late Chenne Gowda in respect of the site bearing No. 1028/B, I Block, BSK (Banashankari), I-Stage Extension, Bangalore, more fully described in the Schedule ''A'' hereunder, whereby rectifying the boundary and measurements that had been mistakenly mentioned earlier and the said Rectification Deed is registered as Document No. 2877/2006-07 in Book I and stored in C.D. No. BDAD112 in the Office of the Additional District Registrar, Bangalore Urban District, Bangalore.
Both the parties herein hereby place on record and confirm that the Appellant herein has been possessing and enjoying the said rectified property bearing site No. 1028/8 being the Schedule ''A'' property hereunder written as per the terms of this Joint Memo while the Respondents 1 and 2 have been in possession and enjoyment of the site bearing No. 19/C of the said Sunkenahalli Adjacent Sites Extension, Bangalore, being the schedule ''B'' property as Its absolute owners.
The Appellant hereby accepts the said re-conveyance of the said site No. 19/C made by the Bangalore Development Authority, the 3rd Respondent herein, in fevour of the Respondents-1 and 2 herein as rectified under the said Rectification deed dated 5.9.2006 followed by the said Deed of Conveyance dated 8.9.2006 referred to herein before and that the possession Certificate bearing No. PCR 004012 dated 8.9.2006 issued by the Bangalore Development Authority to the Respondents 1 and 2 in respect of the said site No. 19/C as correct and that the said site being the Schedule "B" hereunder written has been in continuous possession and enjoyment of the said Respondents. Respondents-1 and 2 also hereby accept that the Appellant is in possession and enjoyment of the said site bearing No. 108/B being the Schedule ''A'' property as has been rectified pursuant to the said Rectification Deed dated 17.8.2006 the particulars of which have been mentioned herein before.
The Appellant and the Respondents 1 and 2 herein hereby confirm that they will continue to enjoy their said respective properties without any interference by each other over the other''s properties and shall not cause any Bindrance, inconvenience or impediment over each other''s enjoyment of their said respective properties hereafter.
In view of the settlement herein arrived at, the Appellant hereby agrees and undertakes to withdraw another suit in O.S. No. 1016/2008 that he has filed against the Respondents herein and pending before the City Civil Court, Bangalore, within one week from this day.
Both the parties herein hereby agree that the judgment and decree dated 31.5.2008 in O.S. No. 2798/1987 and the terms and conditions of this Joint Memo are also binding upon the Appellant herein and other heirs of the deceased Chennegowda and his family members as the said judgment and decree passed by the trial Court would merge in the decree that may be passed by this Hon''ble Court in this appeal in terms of the compromise herein.
Both parties have no objection to issue a Possession Certificate and absolute Sale Deed as per the said Rectification Deed executed by BDA in favour of the Appellant herein.
Both the Appellant and Respondents No. 1 and 2 herein hereby place on record that they do not have any mutual claims against each other with respect to the Schedule "A" and "B" properties and that all their interse claims are fully setisfied. Both the Appellant and Respondents 1 and 2 hereby place on record that the settlement herein arrived at between them is of their volition, free consent, without any coercion or undue influence by any person/s.
Wherefore, the Appellant and the Respondents-1 and 2 pray that the Han''ble Court may be pleased to dispose off the above appeal in terms of this Joint Memo and the costs be made easy, in the interest of justice.
SCHEDULE ''A''
(Property to be reconveyed to the Appellant Sri D.C. Gangadhara as L.R. of late Channegowda)
Site bearing No. 1028/B situated at 1st Block of Banashankari 1st Stage Extension, Bangalore, measuring
(a) East to West: 12.15 +13.02 Metres and 2
North to South 13.22 + 9.75 Metres 2
this measurement and attached to the land on the Eastern side towards North measuring
(b)
East to West 4.45 + 6.10 Metres and 2
North to South 3.47 + 4.00 Metres 2
totally (a) and (b) measuring 164.10 Square Metres and bounded on the
East by : Road and Site No. 19/C of Sunkenahalli Adjacent Sites Extension
West by. : Site No. 1028/A
North by : Storm Water drain and
South by : Site No. 1028/C and site Nos. 19/8 and 19/C of Sunkenahalli Adjacent Sites Extension.
SCHEDULE ''B''
(Property reconveyed to Sri Shamusa and Sri N. Ramu, Respondents 1 and 2)
Site bearing No. 19/C, Situated at Sunkenahalli Adjacent Sites Extension, Bangalore, measuring
East to West
:
38 + 20 feet or 2
11.58 +6.10 Metres and 2
North to South
:
32 + 42 feet or 2
9.75 + 12.80 Metres 2
totally measuring 99.67 square metres and bounded on the
East by : Road
West by : Site No. 1028/B
North by : Site No. 1028/B and
South by: Site No. 19/B
In terms of the Joined memo, the appeal is disposed of.
Officers is a directed to refund the court fee as per the law.