THIS RSA IS FILED UNDER SECTION 100 R/W. SECTION ORDER 41 RULE 1 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 09.08.2018 PASSED IN R.A.NO.229/2010, ON THE FILE OF THE VIII ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.03.2010 PASSED IN O.S.NO.576/2001 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DVN.) BENGALURU RURAL DISTRICT BENGALURU.

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

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

Learned counsel for the appellants is not present. However, appellant No.1 is present before the Court.

2. Memorandum of Settlement under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, is placed before this Court, which is duly signed by the appellant No.1 party-in-person, respondent/plaintiff and the Advocates appearing for the respondent/plaintiff.

3. The terms of Settlement is culled out as under for the sake of convenience:

“II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the appellant in person and the respondent along with his counsel were present, identified each other and they admit that the dispute is settled among themselves as follows:

1. Both the parties state that the suit schedule property was granted in favour of the Plaintiff (Sri. Narayanappa) by Government in Ashraya Scheme by issuing Hakkupatra in the year 1972, suit schedule property Junjar No.135/1, Katha No.66, Site No.66, formed out of Sy.No.123, consisting of a sheet roofing residential house measuring 15 feet x 13 feet and vacant site measuring East to West 60 feet and North to South 40 feet totally measuring 2400 Sq.ft situated at Sulikunte Village, Kodathi Grama Panchayath, Varthur Hobli, Bengaluru South Taluk bounded as follows:

East by : Property of Motappa

West by : Road

North by : Gomala Property

South by : Property of Nanjappa

2. In view of this settlement the parties considering the relationship between them, they have agreed to share the suit schedule property equally divided/allotted ‘A’ and ‘B’ Schedule properties and hold the physical possession and enjoy their share in the suit schedule property as absolute owner.

3. In view of the settlement the Respondent/Plaintiff has agreed take Western side portion of ‘A’ schedule property. Accordingly the Respondent/Plaintiff is entitled to hold the absolute right, title, interest and possession and enjoyment of the Western side portion of the ‘A’ schedule property as a absolute owner to extent said portion of property site bearing No.66, formed in Sy.No.123 measuring East to West 30 feet and North to South 40 feet totally measuring 1200 sq.ft. situated at Sulikunte village, Varthur Hobli, Bengaluru South Taluk bounded on :

East by : Site belongs to Sampangiramaiah (Defendant)

West by : Government Road

North by : Government Road (Gomala Property)

South by : House of Muniraju (Earlier property of Nanjappa)

Further Respondent/Plaintiff (in O.S.No.576/2001) is at liberty to take khatha in his name in respect of aforesaid portion of ‘A’ schedule property for which the Appellant/Defendant has no objection.

4. In view of the settlement the Appellant/Defendant has agreed to take Eastern side portion of ‘B’ schedule property. Accordingly the Appellant/Defendant is entitled to hold the absolute right, title, interest and possession and enjoy the Eastern side portion of ‘B’ schedule property as a absolute owner to extent said portion of property site bearing No.66, formed in Sy.No.123 measuring East to West 30 feet and North to South 40 feet totally measuring 1200 sq.ft. situated at Sulikunte village, Varthur Hobli, Bengaluru South Taluk bounded on:

East by : Site belongs to Motappa

West by : Site belongs to Narayanappa (Defendant)

North by : Government Road (Gom