Heard the learned counsel for the appellant and

learned counsel for the respondents.

The compromise petition has been filed

under Order XXIII Rule 3 of CPC and is signed by the

appellants and respondents and their respective

counsels. The counsels for the appellant and the

respondents affirm the identity of the parties.

The terms of the compromise read as

under:-

“COMPROMISE PETITION UNDER ORDER

XXIII, RULE 3 OF CIVIL PROCEDURE CODE

At the intervention of the parties to

this appeal, elders, well-wishers and the

advocates

on

record,

the

parties

have

compromised the above matter on following

terms and conditions.

The

respondent

No.1

herein/

S.P.Swamy, as plaintiff had filed a suit in

O.S.No.6583/2017, on the file of the LXV

Addl. City Civil and Sessions Judge, Bengaluru

against the defendants Sri. Chikka Puttaiah

and others/respondent Nos. 2 to 6 herein for

the relief of specific performance of contract

with respect to Agreement to sell (Un-

4

registered) dated 07.04.2017 and for other

reliefs.

The aforesaid suit was referred to

mediation for resolving the dispute between

the parties and the matter was sent to

Bengaluru

Mediation

Centre

and

after

perusing the memorandum of settlement,

arrived at by the plaintiff and defendants

therein before Mediation Centre Bengaluru,

satisfied

that

compromise

entered

into

between

plaintiff/respondent

No.1

and

defendant /respondent No.2 to 6 is lawful, in

terms of settlement arrived at by plaintiff and

defendants

and

accordingly

the

suit

in

O.S.No.6583/2017 was decreed vide order

dated 21.10.2017, on the file of LXV Addl.

City Civil & Session Judge, Bengaluru and

decree is drawn, which is impugned in this

appeal.

The

2^nd

respondent/Sri.

Chikka

Puttaiah is the absolute owner in possession

of the piece and parcel of agricultural land

bearing Sy.No.14/2, measuring to an extent

of 1 Acre 21 ¾ Guntas situated at Malagala

Village,

Yeshwanthapura

Hobli,

Bangalore

North Taluk, Bengaluru. The respondents 3 to

6 herein are his wife and children.

The 2^nd respondent/Sri. H.Chikka

Puttaiah approached the appellant/ Sri. Vijay

Kumar for sale of property mesuring an

extent of 1 Acre 21 ¾ Guntas situated in

sy.no 14\2 Malagala Village, Yeshwanthapura

Hobli, Bangalore North Taluk, Bengaluru

during January, 2017 and they entered into

registered AGREEMENT OF SALE (WITHOUT

POSSESSION) dated 05.06.2017, which is

registered as document bearing No.NGB-1-

01625-2017-18, stored in CD No.NGBD315,

book

No.1,

registered

before

the

Sub-

Registrar,

Nagarabhavi,

Bengaluru,

with

5

respect to the suit schedule property ,

agreeing

to

sell

the

same

for

total

consideration amount of Rs.4,00,00,000/-

(Rupees Four Crores only) and in pursuance

of the same, the appellant had paid certain

amount.

The

2^nd

respondent/Sri.

Chikka

Puttaiah H did not come forward to execute

the sale deed in favour of Vijay Kumar/

appellant. Hence, having no other option, the

appellant

herein

filed

a

suit

in

O.S.No.2586/2020, for the relief of specific

performance of registered sale agreement

dated 05.06.2017 and for other reliefs on the

file of the City Civil and Sessions Judge (CCH-

2) at Bengaluru. The appellant had no

knowledge of earlier decree and respondent

No.2 herein also did not inform the same.

Subsequently at the intervention of elders,

well-wishers and advocates, the suit came to

be compromised and the matter was settled

before

Lok

Adalath

on

19.09.2020

and

compromise

decree

was

drawn

in

O.S.No.2586/2020, City Civil and Sessions

Judge at Bengaluru.

7.

As there are two decrees with

respect to schedule property, to resolve the

dispute between the parties, the parties at

their intervention and intervention of well-

wishers and elders, have compromised the

matter. Wherein, the appellant /Vijay Kumar

on the instructions of 2^nd respondent/Chikka

Puttaiah H herein has agreed to pay in total

Rs.2,00,00,000/- (Rupees Two Crore only), in

favour of 1^st respondent/ S.P.Swamy, out of

the remaining sale consideration amount

payable to 2^nd respondent