The court endorsed the amicable settlement between parties reached through mediation under Section 89 and Order XXIII Rule 3 of the CPC, leading to the modification of the lower court's decree and the transfer of a specific property portion upon payment of consideration.

THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.09.2022 PASSED IN R.A.No.141/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM SHIVAMOGGA ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.09.2019 PASSED IN OS No.326/2012 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

This appeal is filed by the appellant/defendant challenging the judgment and decree passed by the first appellate Court in R.A.No.141/2019 by the Senior Civil Judge and CJM, Shivamogga, which reversed the judgment and decree dated 12.09.2019 passed by the first Additional Civil Judge and JMFC, Shivamogga, in O.S.No.326/2012.

2. The plaintiff filed a suit against the defendant for the relief of possession and for demolition of illegal construction made by the defendant over the suit schedule property. The suit came to be dismissed, aggrieved by which the plaintiff preferred first appeal before the Principal Senior Civil Judge and C.J.M., Shivamogga, where by the first appellate Court allowed the appeal, set aside the judgment and decree of the trial Court and directed the defendant to hand over vacant possession of the suit schedule property to the plaintiff within three months from the date of decree, failing which the plaintiff was given the liberty to proceed against the defendant as per law. Aggrieved by the said judgment and decree passed by the first appellate Court, appellant/defendant preferred this appeal.

3. During the course of arguments in this appeal, the parties to the proceedings have entered into a memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The parties have resolved the dispute amicably, with an understanding to put an end to the litigation to maintain a good relationship. The mediation report along with the memorandum of settlement is placed before the court.

4. The parties to the proceedings are present before this Court i.e. the appellant and the respondent who were the defendant and the plaintiff before the trial Court. In the mediation proceedings, parties appeared and arrived at the following terms of settlement, which reads as follows:

"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005

Brief Facts

I. The plaintiff filed a suit in O.S.No.326/2012 before the first Additional Civil Judge and JMFC, Shivamogga for recovery of possession in respect of site bearing No.29 measuring 20x60 comprised in survey No.44/2P1 against which the plaintiff has filed a regular in RA No.141/2019 before the Principal Senior CJM at Shivamogga which came to be allowed by reversing the judgment and decree passed by the trial Court. The defendant appellant being aggrieved with the same has preferred the above appeal.

II. In this mediation proceeding, the parties of both sides appeared with their advocates and upon due mediation have arrived at the following points of settlement:

1. The respondent has agreed to give up an area measuring 15x20 feet which is in the occupation of the appellant who constructed a house and leaving therein along with a vacant area measuring 15x20 in all measuring 20x30 towards the western side of the suit schedule property for the use and occupation of the appellant. The said portion of the property is morefully described at the Schedule as B Schedule Property to this agreement.

2. Further the appellant has agreed to pay a sum of Rs.3,50,000/-(Three Lakhs Fifty Thousand only) to th