ORAL JUDGMENT

These appeals arise out of a common judgment and decree dated 26.02.2010 passed in OS No. 2038/1995 clubbed with OS No. 218/1997 and OS No. 1493/1995 on the file of VIII Additional City Civil Judge (CCH-15), Bengaluru.

2. Parties have filed a memorandum of settlement under Order XXIII Rule 3 read with Section 151 of CPC amicably resolving the dispute. The aforesaid compromise petition is filed in RFA No. 1096/2010 which arises out of the judgment and decree passed in O.S.2038/1995. Learned counsel for the parties in RFA 1095/2010 and 1089/2010 file joint memo and memo for disposal respectively adopting the terms of settlement enumerated in the aforesaid memorandum of settlement filed in RFA No. 1096/2010.

3. The terms of memorandum of settlement read as under :

MEMORANDUM OF SETTLEMENT UNDER ORDER 23 Rule 3 R/W Sec 151 CPC

The Appellants and Respondents herein submit as follows:-

1. One Sri. B Prabhakar Rao and Smt. B Sundari Bai, being couple were residents of Puttur, Dakshina Kannada District. They had owned certain immovable properties. Sri B Prabhakar Rao died on 20/01/1973 and Smt.