Both the parties have filed a joint compromise petition

embodying all the terms and conditions of the compromise

entered into between the L.Rs. of the deceased appellant and

L.Rs. of the deceased respondent.

2. The said compromise petition is duly signed by

appellant No.1(a), (b) and (c) and by their learned counsel,

who identifies the appellants. So also, the compromise petition

is duly signed by the respondent No.1(e) for himself and also

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as GPA holder of the remaining respondents and by his

learned counsel, who identifies the respondent No.1(e).

3. The said compromise petition reads as under:-

MEMORANDUM OF COMPROMISE PETITION

FILED UNDER ORDER XXIII RULE 3 READ WITH

SECTION 151 OF THE CODE OF CIVIL

PROCEDURE

The Appellants and Respondents herein submit as

follows:

1. The above appeal is filed challenging the

Judgment and decree passed by trial court dated

17.06.2005 passed in O.S.No.2080/1990 in decreeing

the suit.

2. During the pendency of the above appeal, with the

intervention of the family members and after mutual

discussions, the parties have decided to put a quietus

to the litigation and have arrived at a compromise. In

furtherance thereto the parties have executed this

compromise petition.

THE

TERMS

AND

CONDITIONS

OF

THE

COMPROMISE ARE AS FOLLOWS:

a. The appellants and the respondents shall have

50% share each in the schedule Property along with

the construction put up thereon.

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b. The appellants and respondents have jointly

prepared a sketch bifurcating the schedule property

equally as schedule A and B property and the same is

produced along with this compromise petition and

shall form part and parcel of this petition.

c. The appellants shall be the absolute owners in

possession and enjoyment of half of the schedule

property which is morefully set out in the sketch

attached to this compromise and shown in red color

referred to as schedule ‘A’ property.

d. The appellants shall execute a sale deed in favour

of the respondents whereby the respondents shall be

the absolute owners in possession and enjoyment of

half of the schedule property which is morefully set

out in the Sketch attached to this compromise and

shown in blue color referred to as schedule ‘B’

property.

e. The appellants shall be entitled to peacefully enjoy

their 50 % share i.e. Schedule ‘A’ property and shall

be entitled to deal with it as the absolute owner

thereof. Similarly the respondents shall be entitled to

enjoy their 50% share ie. Schedule B Property and

shall be entitled to deal with it as the absolute owner

thereof.

f. The parties confirm that all disputes between the

appellants and respondents are fully and finally

6

resolved. Neither the appellants nor the respondents

shall have any claim whatsoever against each other

and the property of the other.

g. The appellants agree that the schedule ‘B’ property

which will be conveyed to the respondents herein

under this compromise petition is towards full and

final settlement and no amount whatsoever is payable

by the appellants or vice-versa. The Appellants shall

take steps to obtain latest khatha and tax paid receipt

and subsequent thereto shall execute the Registered

Sale Deed in favour of the Respondents in respect of

Schedule-B property on or before 31/08/2022 without

fail and without resorting to execution proceedings.

The stamp duty and registration cost of the sale deed

to be executed in favour of the respondents shall be

borne by the respondents. However the appellants

have agreed to pay a sum of Rs.50,000/- towards

stamp duty and registration charges.

h. The parties shall be entitled to mutate their names

in the Khatha and other registers of the BBMP, BDA

and other authorities.

j. The parties have entered into this compromise

petition voluntarily out of their own free will and

without any force, coercion or influence of any person.

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k.

That

the

Appellants

hereto

assure

that

amongst themselves neither of them have done any

act whereby the schedule ‘A’ and ‘B’ properties

m