This

appeal

under

Section

96

of

Code

of

Civil

Procedure,

1908

is

filed

by

the

defendants

in

O.S.No.5544/2017 against the judgment and decree dated

March 22, 2022 passed by V Additional City Civil & Sessions Judge,

Bengaluru.

Suit is one for specific performance of the Agreement dated

20.06.2014 and it has been decreed.

Heard Shri Siddharth B.Muchandi, learned advocate for the

appellants and Shri B.S.Anil Kumar, learned advocate for the

respondent.

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Appellants

No.1

to

4

namely,

Shri

Anil

Kumar,

Shri M.Guruprasad, Shri M.Krishna and Shri M.Arun Kumar are

present

and

identified

by

their

advocate

Shri

Siddharth

B.Muchandi. Respondent-Shri K.J.Vinodh is present and identified

by his advocate Shri B.S.Anil Kumar.

5.

Learned advocates on both sides jointly submit that during

the pendency of the appeal, parties have amicably resolved the

dispute. A compromise petition under Order XXIII Rule 3 read with

Section 151 of CPC duly signed by both parties and their respective

advocates has been filed. Shri Muchandi has tendered three

demand drafts bearing No.101230, 101229 & 101231 for

Rs.9 Lakhs, Rs.1.82 Lakhs and Rs.3.10 Lakhs respectively to the

respondent and he acknowledges receipt of the same. Parties

submit that they have understood the terms of the compromise.

They pray that this appeal may be disposed of in terms of

settlement recorded in the compromise petition.

6.

The terms of compromise read as follows:

“The appellant and the respondents herein jointly submit as

under:

1. The respondent / plaintiff (purchaser) entered into a

registered

sale

agreement

dated

20/06/2014

with

the

appellants / defendants (sellers) agreeing to purchase the

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schedule property for a sale consideration of Rs.26,20,000/-

measuring 1200 sq. ft. consisting of a Ground, First, Second

and half Third-floor building including amenities.

2.

The

respondent/plaintiff

instituted

suit

for

specific

performance and permanent injunction on 22/3/2022 before

the Learned V Addl. City Civil and Sessions Judge, Bengaluru

(CCH-13) bearing O.S.No.5544/2017, and the Hon'ble Court

had decreed the suit for specific performance on the schedule

property.

3. The appellants/ defendants have filed this appeal challenging

the judgment dated 22/3/2022 and decree dated 31/3/2022

passed in O.S.No.5544/2017.

4.

The litigation in respect of the schedule property has

been pending for the last 5 years. The appellants and the

respondent have amicably settled their dispute involved in the

above Appeal by entering into a mutual agreement on the

following terms and conditions:

a) Appellants and the respondent have agreed that the

respondent will cancel the registered Sale Agreement dated

20/06/2014 bearing document no. SRI-1-01723/2014-15,

registered, in the office of the Sub-Registrar, Srirampuram,

Bangalore, in respect of the Schedule Property and that the

appellants

will

refund

the

advance

amount

of

Rs.26,20,000/- to the respondent in the following manner:

a. Demand draft bearing no. 101230 for Rs.9,00,000/-

dated 06/07/2023 issued by Canara Bank, II of Sc.

Campus Branch, Bangalore favoring respondent,

b. Demand draft bearing no.101231 for Rs. 3,10,000/-

dated 06/07/2023 issued by Canara Bank, II of Sc

Campus Branch, Bangalore favoring respondent,

c. Demand draft no.101229 for Rs.11,82,000/- dated

06/07/2023 issued by Canara Bank, II of Sc Campus

Branch, Bangalore favoring respondent and

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d. An amount of Rs.2,28,000/- was paid by way of cash

on 10/07/2023 by the appellants to the respondent.

Receipt of the said 3 demand drafts and the cash is

acknowledged by the respondent as full and final

settlement amount.

b) The respondent undertakes to cancel the above Sale

Agreement dated 20/06/2014, bearing document no. SRI-1-

01723/2014-15, registered in the office of the Sub-

Registrar, Srirampuram, Bangalore, by appearing before the

concerned Sub Registrar Office and cancel the registered

sale agreement by executing a registered cancellation deed

within 15 da