Settlement of disputes under CPC Section 89 allows agreements to form part of court decrees, leading to the dismissal of appeals based on mutual resolutions.

JUDGMENT

Heard the learned Counsel appearing on both sides.

2. As per the memorandum of agreement dated 10.03.2026 entered into under Section 89 of the Code of Civil Procedure , the disputes between the parties have been settled, as follows:-

1. The appellant agrees to abide by the judgment and decree of the trial Court and withdraw this appeal and execute the sale deed in favour of the respondents/plaintiff 1 & 2 subject to the following terms.

2. The Respondents 1 & 2/plaintiffs 1 & 2 shall pay the appellant/ defendant a further sum of Rs.80 lakhs (Rupees Eighty Lakhs only) within 10 days from today by way of Demand Draft towards the sale consideration of the Decree schedule property.

3. On receipt of the above said amount, the appellant/defendant shall execute sale deed conveying the Decree scheduled property in favour of respondents 1 and 2/plaintiff 1 & 2.

4. Respondents 1 & 2/Plaintiffs 1 and 2 can withdraw the amount deposited before the trial Court for the balance sale consideration which they have deposited before the trial Court in terms of the judgment and decree, for the same the appellant has no objection.

5. The Appellant/defendant shall be entitled to refund of the court fee paid on this appeal.

6. The Appellant/defendant hereby undertakes that they have perfect and absolute title to the Decree schedule property and agrees to convey their title over the property to the respondents 1 & 2 free of all encumbrances for full and final settlement of the dispute.

7. The Appellant/defendant shall hand over to the respondents/ plaintiffs, the latest non- encumbrance certificate, land tax paid receipt and possession certificate relating to the property as early as possible and in any event within 5 days from today.

8. In case of failure of the defendant to execute the sale deed by receiving the enhanced sale consideration fixed by this agreement, the plaintiffs can deposit the same for the trial Court and get the sale deed executed through the Court. 9. No other issues are pending unresolved between the parties.

3. The above memorandum shall form part of the decree.

The appeal is decreed in terms of the settlement stated above.

Sd/-