JUDGMENT

Though the matter has come up for hearing of interlocutory application, the learned counsel for the appellant as well as respondent made submission that they have filed joint memo for having settled the matter, hence the matter is taken up for disposal.

2. This appeal is filed by the appellant defendent No.2 for setting aside the judgment and decree passed by the XV Additional City Civil and Sessions Judge, Bangalore in O.S.No.9843/2015 dated 14.10.2019 for having decreed the suit of the respondent and directing the appellant to pay Rs.4.95 lakhs with interest at the rate of

21.6% per annum.

3. During the pendency of the appeal, both the appellants and respondent No.2 appeared before the Court along with their counsels and filed joint compromise memo. The appellant undertakes to pay Rs.5 lakhs towards full and final settlement and the same was accepted by the respondent Nos.1 and 2/plaintiff by filing joint memo by the respondent Nos.1 who is the defendant No.1 and the respondent No.2 who was the plaintiff. The respondent No.1 is the son of the appellant, who is defendant No.2 in the Trial Court. As per the terms of the compromise the appellant is liable to pay Rs.5 lakhs towards full and final settlement in 5 installments, as under, "Ist Payment 30-06-2024 Rs. 1 lakh IInd Payment 30-07-2024 Rs. 1 lakh IIIrd Payment 30-08-2024 Rs. 1 lakh

4. The submission of the parties is placed on record.

5. In view of the settlement, the appeal is disposed of.

6. Draw decree Accordingly.

7. The appellant/defendant No.2 is entitled for refund of court fee as per the law.

8. It is needless to say that the execution court shall clear the charges created on the property. However, directed to keep the execution case pending until 5 installments are paid. Therefore until clearing, the execution petition shall be kept pending.