This appeal by the defendant is directed against the

judgment

and

decree

dated

20.03.2020

in

O.S.No.3474/2010 passed by the XLIV Additional City Civil

and Sessions Judge, Bengaluru. By the said judgment,

the trial Court has decreed the suit for declaration of title

over the suit schedule property filed by the respondents-

plaintiffs.

2. Heard Smt. S.Sumathi, learned Advocate for the

appellant and Shri B.N.Suresh Babu, learned advocate for

the respondents.

3. During the pendency of this appeal, parties have

amicably resolved the dispute.

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4. Appellant and respondents are present and

identified by their learned advocates. The compromise

petition under Order 23 Rule 3 r/w Section 89 of CPC duly

signed by the appellant, respondents and their respective

advocates has been filed. Parties submit that they agree

with the terms of compromise and pray that this appeal

may be disposed of in terms of settlement recorded in the

compromise petition.

5. The terms of compromise read as follows:

"The Appellant and the Respondents beg to submit as

follows:-

1. At the instance of well wishers and friends the Appellant

and the Respondents have settled their dispute interse and

have arrived at this compromise, the terms and conditions of

which is incorporated as under:-

2. The appellant's father Late Annayappa and husband of

1st respondent, father of respondents no.2 & 3 Late

Munibudda are brothers. The suit schedule property bearing

no. 2/2, Central Street, Neelasandra measuring East to West

45 feet and North to South 45 feet which was acquired by

the appellant's grandfather vide regd sale deed dt:

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05-02-1923. The respondents herein had filed a suit in O.S

no. 3474/2010 for declaration and permanent injunction

against the appellant which came to be decreed vide

judgment dt:20-03-2020. The appellant has filed the above

appeal challenging the same.

3. The parties have arrived at a settlement at the timely

intervention of well-wishers, family and friends in respect of

the suit schedule property as well as other properties owned

by the parties to this appeal.

4. Both the parties hereby agreed to sell the suit schedule

property along with Schedule 'B' Property to third party for

higher/best market value.

5. The Appellant has agreed to sell property owned by him

which is situated on the southern side of the suit schedule

property i.e., property bearing no.2/2, Central Street,

Neelasandra, Bengaluru measuring 950 sq ft (morefully

described in the schedule 'B' to this compromise petition)

along with the suit property for the best price. Both parties

undertake to co-operative for effectively disposal of the

properties in Schedule 'A' and 'B' herein in favour of third

party.

6. The respondents 1 to 3 have agreed that the property

bearing no.105/9, Central Street, Neelasandra, Bangalore

measuring about 750 sq Ft (morefully described as schedule

'C' to this compromise petition) standing in the name of Late

Munibudda, who is the husband of 1st respondent and father

of

respondents

2

&

3

shall

execute

a

registered

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gift/release/Sale deed in favour of the appellant by receiving

48% from the sale consideration received from sale of

schedule A & B properties stated supra. Similarly, the

appellant has agreed receive 52% from the said sale

consideration along with the schedule 'C' property herein

towards full and final settlement. Appellant shall bear entire

cost of registration of Schedule 'C' Property.

7. The appellant is residing with his family at Schedule 'C'

property herein and the respondents have admitted their

possession. Further, it is agreed that the respondents shall

not disturb the possession and enjoyment of the same till

execution of the regd gift/sale deed in favour of the

appellant.

8. It is hereby agreed by both the appellant and the

respondents that they shall not have any charge against one

another except the above said transaction. Both parties

undertake to withdraw all the complaint, proceedin