The court upheld the validity of the compromise under Section 25 of the Indian Contract Act, 1872, and Section 16 of the Specific Relief Act, 1963, and utilized Section 89 of the Civil Procedure Code, 1908, to accept the compromise as just and fair.

JUDGMENT

Nataraj Rangaswamy, J. - This regular second appeal arises out of the Judgment and Decree dated 12.03.2007 passed by the Principal Civil Judge (Jr. Dn.) and JMFC., Doddaballapura in OS No. 143/2001 and the concurring Judgment and Decree dated 09.03.2012 passed by the Additional District and Session Judge, Fast Track Court, Doddaballapura in RA No. 24/2007. Both, the Trial Court and the First Appellate Court had decreed the suit for specific performance and had directed the defendants to execute the sale deed in favour of the plaintiffs.

2. The defendants are in appeal before this Court in this regular second appeal.

3. After the appeal was heard, the parties chose to settle the matter and have reported a compromise, the terms of which that are relevant for disposal of this regular second appeal, are extracted below:

'2. The parties herein have decided to divide the suit schedule property into two halves equally and share the same amongst the appellants and the respondents.

3. The appellants, for the sale consideration of Rs. 25,000/- paid by the respondents under the agreement dated 01.03.1988, will execute and register an absolute sale deed in favour of the respondents in respect of half share in the suit schedule property i.e. southern portion of the suit schedule property which is morefully described in the Schedule-A hereunder and is hereinafter referred to as the Schedule-A property.

4. The appellants will not be entitled to receive any further sale consideration from the respondents for the execution and registration of the sale deed in respect of the Schedule-A Property in favour of the respondents, which will be executed within one month from the execution of this compromise petition.

5. The entire stamp duty and cost of registration of the sale deed in respect of the Schedule-A property shall be borne only by the respondents.

6. In the event the appellants do not execute and register an absolute sale deed in respect of the Schedule-A Property in favour of the respondents within the stipulated period of one month as stated above, the respondents will be at liberty to get the sale deed executed in respect of the suit schedule A Property by moving the Court of the learned Civil Judge (Junior Division) and JMFC, Doddaballapura where Execution Petition No. 16/2009 is already filed by the respondents and is pending.

7. The respondents will be accordingly put in possession of the Schedule-A Property and from then onwards, the respondents become the absolute owners in lawful possession and enjoyment of the Schedule-A Property without any claim, right, title or interest from the appellants or anybody claiming through or under them or their legal heirs and the respondents are entitled to obtain mutation/katha in respect of the Schedule-A Property in their names.

8. The remaining northern portion of the Schedule Property, which is morefully described in the Schedule-B hereunder will continue to remain in possession and enjoyment of the appellants and the appellants alone will be the absolute owners of the Schedule-B Property. The respondents have no manner of claim, right, title or interest over the Schedule-B Property.

9. Each of the parties are thereafter entitled to deal with or dispose of their respective shares i.e. the Schedule-A Property and Schedule-B Property in any manner they deem fit without reference to one another and they are entitled to sell their respective share(s) to any third party accordingly.

10. The appellants and the respondents have voluntarily entered into this compromise and there is no threat, coercion, compulsion or undue influence from any person whosoever. Accordingly this compromise petition will not be reopened by any of the parties on any score whatsoever.

WHEREFORE the appellants and respondents above named humbly pray that this Honble Court be pleased accept the above compromise petition filed by the parties and to dispose of the above appeal in terms of this compromise petition and re