H. SYED ABDUL ALEEM S/O SYED HUSSAIN SINCE DEAD BY L.RS. (SYED MUHIBBUR REHMAN AND OTHERS) AND OTHERS Vs. MR. RAVINDRA S. SHETTY S/O LATE SUNDARA SHETTY

JUDGEMENT

(1.) WHEN these two appeals were taken up, the learned Counsel for the parties filed a compromise petition under Order 23 Rule 3 of the C.P.C. and submitted that the parties to the two appeals have agreed to compromise the matter and as per the terms of the compromise, in view of the suit schedule properties having been acquired by the K.I.A.D.B., the parties have agreed that the compensation payable by the K.I.A.D.B. shall be shared between the parties in the manner mentioned in the compromise petition viz., 58.75% of the total compensation payable by the K.I.A.D.B. shall go to the appellants in the two appeals and 41.25% shall go to respondent Ravindra S. Shetty, who was the plaintiff in the suits.

(2.) IT is also agreed to by the parties that, in the event of the acquisition proceedings being quashed or withdrawn or given up by the K.I.A.D.B., then, the suit lands shall be shared between the parties as indicated in pages 5 and 6 of the compromise petition and the land that will go to the appellants are mentioned at (a) and (b) and the land which the respondent, will get is mentioned at (a).

(3.) IN view of the aforesaid compromise arrived at between the parties, the judgments of the trial court in the two suits, which have given rise to these appeals, shall stand accordingly modified and the terms of the compromise arrived at by the parties as per the compromise petition shall be incorporated in the decree and the compromise petition shall also form part and parcel of this order.