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Judgment
Anand Byrareddy
The appellants 1(a), 1(c) and respondent are present along with their counsel. Appellant 1(b) is represented by his Power of Attorney holder. The appellants, respondent and their respective counsel seek to file a petition under Order XXIII Rule 3of the CPC seeking a decree in terms of a compromise entered into. The parties agree that they are fully aware of the terms and conditions on which this compromise is entered into and this Court being satisfied with their bona fides, the petition is allowed. The decree to be drawn up in terms of the compromise which reads as follows:
The parties herein at the instance of well wishers of the parties amicably settle their dispute. Hence, they file this compromise petition under the following terms and conditions.
It is agreed in so far as plaint ''A'', ''B'' & ''C schedule properties are concerned, the appellants are entitled to the entire ''A" Schedule property namely, premises bearing No. 52, old No. 224. Narayanpillai Street, Shivajinagar, Bangalore - 560 001, measuring East to West - 40 feet, North to South 22 feet consisting of ground and first floor and respondent is entitled to the entire ''B'' Schedule property, namely, shop bearing No. 61, old Nos. 63 & 64, Dharmaraya Koil Street, Bangalore - 560 001. measuring 50 feet x 30 feet.
The appellants herein hereby give up their claim insofar as ''C Schedule property for partition and separate possession or any other claim.
It is agreed between the parties that the appellants herein are in physical possession of first floor port on except a portion marked as ABCD in the annexed sketch measuring East to West - 8.2 feet, North to South - 19 feet Now, as per this compromise petition, appellants are entitled to the whole ground floor and first floor of the premises No 52, old No. 224, Narayanpillai Street, Shivajinagar, Bangalore -560 001, to their share and the respondent herein hereby gives up all right, title and interest in the said portion in favour of the appellants herein and the respondent is entitled to shop premises No. 61, old Nos. 63 & 64, Dharmaraya Koil Street, Bangalore - 560 001 to his share and the appellants herein hereby give up all the right, title and interest over the said property in favour of the respondent herein.
It is agreed between the parties that the respondent herein hereby delivers vacant possession of the complete ground floor portion to the appellants herein by virtue of this compromise and appellants are allowed to continue in the portion in the first floor in their occupation as absolute owners. Appellants are at liberty to take possession of portion marked as ABCD in the sketch being portion of the upstairs which is in occupation of one tenant Suresh. Appellants are hereby authorized to file ejectment suit or suit for delivery of possession and claim mesne profits for the portion occupied by the tenant and take delivery of the vacant possession from him.
It is agreed between the parties that the respondent is entitled to enjoy the entire premises at No. 61 old Nos. 63 & 64, Dharmaraya Koil Street. Bangalore -.560 001 either taking physical possession or enjoying the same by constructive possession from the occupant of the premises in his exclusive right. The respondents are hereby authorized to file ejectment suit for delivery of possession and claim mesne profits for the portion occupied by the tenant and take delivery of the vacant possession from him.
It is agreed between the parties that the appellants are entitled to get khata registered in their name insofar as premises No. 52 is concerned as well as the respondent is entitled to get khata registered in his name insofar as premises No. 61 is concerned and they are liable to pay property lax to the respective properties at their cost without any reference to each other and the parties are at liberty to deal with the properties allotted to their share without any interference from the other party.
Both the parties agree that this compromise may be treated as final decree in the original suit O.S. No. 754/2003 and parties are at liberty to get final decree registered in the competent Sub-Registrar''s Office.
WHEREFORE, it is jointly prayed that this Hon''ble Court may treat this compromise petition as final decree in the original suit O.S. No. 754/2003 with liberty to gel final decree registered in the competent Sub-Registrar''s Office.
In terms of the compromise petition, the respondent hands over the key to the ground floor of the suit schedule ''A'' property which the appellant Nos. 1(e) and 1(a) receive.
The office is directed to refund half the court fees to the appellants. The final decree shall be drawn up in terms of the compromise.