A compromise under Order 23 Rule 3 of the Code of Civil Procedure extinguishes the appellant's rights under the agreement to sell, confirming the settlement was made voluntarily.

ORAL JUDGMENT

This appeal by the unsuccessful plaintiff in Original Suit No.18 of

2014 on the file of the II Addl. Senior Civil Judge & JMFC., Tumakuru (for short, hereinafter referred to as 'Trial Court'), challenging the judgment and decree dated 05.09.2017, whereby, the suit filed by the appellant/plaintiff against the respondents for specific performance and other reliefs in relation to the suit schedule immovable property was dismissed by the Trial Court.

2. The appellant and respondents have jointly filed the compromise petition, which reads as under:

"MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF CODE OF CIVIL PROCEDURE The parties to this Regular First Appeal jointly submit as under:

1. This Appeal is filed by Plaintiff/Appellant, challenging this Judgment and Decree dated: 05.09.2017 passed in OS No.18/2014, by the II Additional Senior Civil Judge & JMFC., Tumakuru, wherein the suit for the Specific Performance of Agreement to Sell dated: 09.07.2012/EX- P-3, was dismissed.

2. This Appeal was filed on 09.12.2017. That on 06/12/2017 itself, the Respondent Nos.1 & 2 herein sold portion/s out of the subject matter of Agreement to Sell dated: 09.07.2012, separately to Respondent No.3 herein (i.e., B.S. Doreswamy S/o B.R. Shivananjappa) and Respondent No.4 herein (i.e., M. Thirtharaju, S/o late S. Mallappa), vide two separate Registered Sale Deeds dated:06.12.2017 respectively and one of them having been executed in favour of Respondent No.3 herein is registered as Document No. TMK-1-14306-2017-18, Book No.1, Stored in C.D.No.TMKD802, on 06/12/2017, in the office of Senior Sub-registrar, Tumakuru, another one having been executed dated 06.12.2017 in favour of Respondent No.4 herein is registered as Document No. TMK-1-14305-2017-18, Book No.1, Stored in C.D.No.TMKD802, on 06/12/2017, in the office of Senior Sub-registrar, Tumakuru, respectively.

3. The Appellant and Respondents 3 & 4 have settled the matter outside the Court and consequently as per agreed terms, on this day of singing of this compromise, the Respondents No.3 has paid Rs.3,00,000/-; andlikewise, Respondent no.4 has paid Rs. 5,00,000/-, i.e., total amount of Rs.8,00,000/- (Rupees Eight Lakhs Only) to the appellant herein as follows:

i) Rs.5,00,000/- [Rupees Five Lakhs only] paid by way of Demand Draft, No.005991, dated: 21.01.2025, drawn on Canara Bank, Ashok Nagar Branch, Tumakuru in favour of Appellant/H.B.Leelavathi, by M. Thirtharaju/4^th Respondent herein, and duly delivered original DD to appellant herein; and

ii) Rs.3,00,000/- [Rupees Three Lakhs only] paid by way of Demand Draft, No.003631, dated: 23.01.2025, drawn on Axis Bank, Sira Gate Branch, Tumakuru in favour of Appellant/H.B.Leelavathi, by B.S.Doreswamy/3^rd Respondent herein and duly delivered original DD to appellant herein.

The Appellant do herewith acknowledged the receipt of aforementioned amounts/paid by the respondents No. 3 & 4 respectively, towards full and final settlement of appellant's entire suit/appeal dispute/claim/rights/interest, if any, as against respondents and suit subject property, in all respects.

4. That the Appellant herein admits/agrees that with the singing of this compromise petition, the agreement to sell dated:09-07-2012, pertaining to suit schedule property does herewith has legally stood cancelled, annulled, revoked, extinguished and ceased to exist in all respects.

5. Accordingly, in view of the above settlement between the Appellant and Respondents 3 & 4, the appellant has unconditionally given up/waived off/released/relinquished all such appellant's claim/interest/rights, if any legally subsisting, in any manner, under the agreement to Sell, dated: 09.07.2012, including right to sue or appeal against the respondents pertaining to suit schedule property or any of its portion/s respectively.

6. The Appellant herein has agreed to above compromise terms without thereby being any coercion and undue influence and the same is entered into with free will and volition.

7.