This appeal arises out of the impugned judgment and

decree dated 11.07.2023 passed in O.S.No.25504/2021 by the XIII

Addl. City Civil and Sessions Judge, Mayohall Unit, Bengaluru,

whereby, the said suit filed by the respondent – plaintiff for

ejectment and other reliefs against the appellant – defendant, in

relation to the suit schedule immovable property, was decreed by

the Trial Court.

2. The said Joint Compromise Petition reads as under:

“COMPROMISE PETITON UNDER ORDER XXIII,

RULE 3 OF THE CODE OF CIVIL PROCEDURE,

1908:

1.

The dispute between the parties has been

amicably settled at the intervention of common well-

wishers and friends.

2.

The Appellant has sought for time upto

30.06.2024 to quit, vacate and deliver vacant possession

of the subject premises and deliver the same to the

Respondent. The Respondent has agreed for the same.

3.

The Appellant has paid security deposit of

Rs.5,25,000/- to the Respondent and it is mutually

agreed that Respondent shall not be liable to refund the

same to the Appellant and appropriate it towards mesne

profits.

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4.

The Appellant has agreed that any addition to

the foregoing, the Appellant shall pay a sum of

Rs.12,000/-

per

mensem

towards

mesne

profits

commencing from 01.10.2023 upto 30.06.2024 without

committing any default.

5.

The Appellant undertakes to deliver vacant

possession of the subject premises to the Respondent as

agreed herein without committing any default and driving

the Respondent into execution process and also

undertakes that they shall not further sub-let or underlet

any portion of the Schedule property.

6.

The parties have obtained respective legal

advice and have voluntarily agreed upon the terms of the

compromise after understanding the implications thereof.

7.

The

parties

affirm

that

subject

to

due

compliance of the agreed terms recorded in this

compromise, they shall have no further claims against

each other.

Wherefore, it is jointly prayed that this Hon’ble Court may

be pleased to dispose of the above appeal in terms of

this compromise petition and order refund of court fee to

the appellant".

3. Both the parties are present before the court and have

been identified by their respective counsel. Further, they admit that

they have signed the compromise petition.

4. Being satisfied that the compromise is lawful, in my view,

the appeal deserves to be disposed of in terms of the compromise

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petition by suitably modifying the impugned judgment and decree

passed by the Trial Court.

5. In the result, I pass the following:

ORDER

i) Appeal is disposed off in terms of the compromise

petition.

ii) The Impugned judgment and decree dated

11.07.2023, passed by the Trial Court in O.S.No.25504/2021 is

accordingly modified, in terms of the compromise petition.

iii) Registry of this Court is directed to refund the entire

court fee paid on memorandum of the appeal, back to the appellant

forthwith, without any delay.

iv) Registry of the Trial Court is also directed to refund

the entire court fee paid on the plaint back to the respondent –

plaintiff, without any delay.

Sd/-

JUDGE

DHA

List No.: 1 Sl No.: 56