Tej Kaul vs Atul Kapoor

N.K. Patil, J.—These two appeals by the appellant-defendant are directed against the impugned common judgment and decree dated 07/12/2006 passed in O.S. Nos. 6028/1993 & 2115/1991 respectively, by the XI Additional City Civil Judge, City Civil Court, Bangalore (CCH-8).

We have heard the learned counsel appearing for appellant and learned counsel appearing for respondent in these appeals.

The appellant and respondent are present before the Court and their presence is placed on record.

During the course of the submission, learned counsel appearing for the parties have submitted that, the matters are settled between the parties and to that effect a compromise petition is filed under order 23 Rule 3 read with Section 151 of CPC, dated 31.10.2014, duly signed by both the parties and attested by them. Therefore, they submitted that, the instant appeals may be disposed of in terms of the said compromise petition.

The compromise petition dated 31st October 2014 reads as under:-

"Compromise Petition under Order XXIII Rule 3 Read with Section 151 of the Code of Civil Procedure

The appellant and respondent humbly submit as under:-

The respondent/plaintiff has filed suits in O.S. No. 6028/1993 for specific performance of Contract and O.S. No. 2115/1991 for permanent injunction on the file of the City Civil Judge (CCH-8), Bangalore as against the Appellant/defendant herein. The said suits came to be decreed by the trial court as against which appellant/defendant has preferred the above appeals.

When the matter came-up for hearing at the intervention of well-wishers and friends, parties herein above have agreed to put an end to the litigation by compromising themselves amicably and the terms are reduced in writing as under:

Both parties hereby withdrew their allegations against each other made out in the respective pleadings.

The Respondent/plaintiff, has executed General Power of Attorney in favour of Mr. J.E. Giddens on 23/09/2005 which has been marked as Ex. P7 before the court below in the original suit and the respondent/plaintiff hereby confirm and admit that the same is valid having legal force, empowering Mr. J.E. Giddens to enter in to compromise before this Hon''ble Court in the above matter and the same binds on the respondent/plaintiff (Mr. Atul Kapoor).

The Appellant/defendant has no objection for this Hon''ble court to confirm the judgment and decree dated passed in O.S. No. 6028/1993 and O.S. No. 2115/1991 by the court below.

The Respondent/plaintiff shall pay a sum of Rs. 40,00,000/- (Rupees Forty Lakhs Only) to the appellant/defendant, on execution of the sale deed either in favour of the respondent or his nominee. Further the appellant shall furnish all the required documents like katha, tax paid receipts etc., for the purpose of execution of the sale deed.

The respondent/plaintiff has no objection for this Hon''ble Court to permit the appellant/defendant to draw a sum of Rs. 3,83,000/- (Rupees Three Lakhs Eighty Three Thousands only) which was deposited by him before the Civil Court dated 15/12/2006 in terms of the judgment and decree dated 07/12/2006 in O.S. No. 6028/93. This payment will be in addition to the payment payable as stated in clause No. 4 as above.

The Appellant/defendant hereby confirms that the respondent/plaintiff is already in possession of the suit property and she has no objection for him to continue the same.

The Appellant/Defendant will hand over available Title Deeds to the respondent/plaintiff at the time of executing conveyance deed.

The respondent/plaintiff shall pay and clear all arrears of electricity charges, maintenance charges etc., in respect of suit property.

The payment of court fee paid in the appeal may kindly be released to the appellant/defendant for which the respondent/defendant has no objection.

The parties have amicably agreed for the terms voluntarily when they are in sound state of mind without any force, fraud, undue influence and coercion from the others. And further the parties to this appeal have got no claims whatsoever against each other henceforth. That the appeal against 2nd respondent may be dismissed.

Wherefore, the appellant/defendants and respondent/plaintiff pray that this Hon''ble Court be pleased to accept the terms stated in the compromise petition and dispose off the appeal accordingly to meet the ends of justice.

SCHEDULE

All the piece and parcel of the office premises bearing No. S207, 2nd Floor, South Block, Commercial Complex, Manipal Centre, having built-up area 997 Sq. Feet, situated at No. 47, Dickenson Road, Corporation Division No. 78, Bangalore-1, bounded on:

East by : S. 208

West by : Fire Exit and staircase

North by : Balcony, Open space

South by : Corridor."

Placing the submissions made by learned counsel for both the parties and the terms and conditions of the Compromise petition as stated supra on record, the instant appeals are disposed of, modifying the impugned common Judgment and Decree dated 07/12/2006 passed in O.S. Nos. 6028/1993 & 2115/1991 by the XI Additional City Civil Judge, City Civil Court, Bangalore (CCH-8) in terms of the compromise petition filed by both the parties.

The Registry is directed to refund the entire Court fee paid on the memorandum of appeals to the appellant, as permissible under the relevant provisions of the Act.

In view of the disposal of the main matters in terms of the compromise petition, the relief sought by the appellant in I.A. Nos. 1 and 2 of 2014 in R.F.A. No. 467/2007 and in I.A. No. 1 of 2014 in R.F.A. No. 468/2007 do not survive for consideration. Hence, they are disposed of as having become infructuous. Ordered accordingly.