THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 31.10.2012 PASSED IN R.A.NO.109/2012 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 14.2.2012 PASSED IN OS.NO.278/2007 ON THE FILE OF II ADDITIONAL CIVIL JUDGE, KOLAR.

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL JUDGMENT

1. This second appeal is against the judgment and decree dated 31.10.2012 in R.A.No.109/2012 on the file of the Principal Senior Civil Judge, Kolar and the judgment and decree dated 14.02.2012 in O.S. No.278/2007 on the file of the II Additional Civil Judge, Kolar.

2. In terms of the judgment and decree in O.S. No.278/2007, the plaintiff's suit was dismissed. The plaintiff filed the aforementioned appeal in R.A.No.109/2012. Said appeal is also dismissed. Thus, the plaintiff is before this Court in this second appeal. The suit is for declaration and injunction.

3. Learned counsel for the appellant and respondent jointly submit that the dispute between the parties is amicably settled.

4. The parties have presented the compromise petition. The compromise petition is duly signed by the plaintiff/appellant, defendant/respondent as well as their respective counsel.

5. It is also noticed that the respondent is represented by the Special Power of Attorney holder. The copy of the Special Power of Attorney is also produced. The same is taken on record.

6. The terms of the joint memo read as under:-

"1. It is submitted that, the appellant has filed the above appeal challenging the judgment and decree passed by the Court of the Principal Senior Civil Judge and CJM at RA.No.109/2012 in confirming the judgment and decree passed by the Court of II Addl. Civil Judge (Junior Division), at Kolar in dismissing the suit filed by the Appellant in OS.No. 278/2007.

2. The Appellant is the plaintiff before the trial court and the respondent is the defendant.

3. It is submitted that, the plaintiff has filed the suit for the relief of declaration and injunction in respect of 2 items of the suit schedule properties bearing Sy. No.65/1 measuring to an extent of 26 guntas out of 1 acre 12 guntas including phootkharab and second item is the property bearing Sy.No.158, Old Sy.No.85 measuring to an extent of 1 acre 20 guntas out of 1 acre 31 guntas both the properties are situated at Krishnapura Village, VemagalHobli, Kolar Taluk and District and the said properties are hereinafter referred to as the 'suit schedule properties', claiming title to the same as per sale deed dated 30-11-1950 executed by Smt. Narayanamma, in favour of Appellant's father Govindappa.

4. It is submitted that, the defendant has appeared and filed the written statement opposing the prayer of the Plaintiff. Upon contest the said suit came to be dismissed vide Judgment and decree dated 14-02-2012. As against which the appellant filed appeal in R.A.No.109/2012 on the file of senior civil judge Kolar. Upon contest the said appeal also came to be dismissed vide Judgment and decree dated 31-10-2012.Aggreivedbybthe same the appellant has filed the present appeal.

5. It is submitted that, the appeal was admitted by this Hon'ble Court by framing Substantial Question of Law. At this stage at the intervention of well wishers and counsel for both the parties, the plaintiff and the defendant have come forward to settle the matter amicably. In view of the settlement arrived between the parties, the plaintiff and his family members have given up their right, title and interest in respect of item No.1 of the suit schedule property i.e., Sy.No.65/1 measuring 26 guntas out of 1 acre 12 guntas which was claimed by the plaintiff in the suit, infavour of the defendant. Therefore, the plaintiff, his legal heirs or any other family members have no right, title and interest in respect of land bearing Sy.No.65/1 which in all measures 1 Acre 12