This appeal arises out of an order in Ex.Case.No.15122/2006 dated 19.12.2006 on the file of the 13th Addl. City Civil Judge, Mayohall, Bangalore.

2. Brief facts of the case are as under:

The first respondent had filed a suit in O.S.No.10327/1997 before the 13th Addl. City Civil Judge, Bangalore, for injunction restraining the second respondent from interfering with his peaceful possession and enjoyment of the suit schedule properties. In the suit, the first respondent contended that the second respondent had executed an agreement to sell dated 27.11.1996 in respect of the suit schedule properties in his favour and that he was put in possession of the said properties in part performance of the said agreement. The second respondent filed his written statement denying the plaint averments. On the basis of the pleadings of the parties, the Court below framed necessary issues. On 1.9.2005, the parties filed an application under Order 23 Rule 3 of the Code of Civil Procedure reporting settlement of the matter. On the same day, two cheques dated 26.8.2005 and 26.11.2005 for Rs.14,35,000/-and Rs.15,00,000/-were handed over to the second respondent. At the request of the second re