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2020 Supreme(Kar) 1340

ARAVIND KUMAR, SHIVASHANKAR AMARANNAVAR
J. Venkatesh – Appellant
Versus
Anasuya – Respondent


Advocates Appeared:
K.S. Chandrahasa, Advocate, A.C. Patil, Advocate

JUDGMENT

Aravind Kumar, J. - This appeal is filed by the unsuccessful defendant challenging the judgment and decree passed in O.S.No.8236/2015 dated 01.09.2020 by the 20th Additional City Civil and Sessions Judge, Bengaluru City, whereunder suit filed for declaration and injunction came to be decreed and plaintiff came to be declared as the absolute owner of schedule property and defendant has been directed to vacate the schedule property and surrender vacant possession of same to the plaintiff within one moth from the said date.

2. Learned advocates appearing for parties on previous date of hearing had submitted that they would be reporting settlement by today. Hence, at their request, matter came to be adjourned and a compromise petition under Order 23 Rule 3 of CPC has been filed on 14.10.2020. Terms agreed to between parties under the compromise arrived at reads as under:

    "1. The appellant had respondent unconditionally withdraw the allegations made by them against each other in the suit and appeal.

      2. The appellant agree to deliver vacant possession of the suit schedule premises to the respondent/plaintiff within 9 months from 01.11.2020.

        3. The respondent/plaintiff agree to gi

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