SHA SAGARMAL SUKHRAJ AND CO. REPTD. BY ITS PARTNER SRI SURESHKUMAR S. JAIN Vs. P. JAGADESH KUMAR S/O LATE P.S. PADMANABHAIAH, PROPRIETOR BHARATH GLASS AND CROCKERIES

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree in O.S. No. 26728/2007 dated 23.1.2010 on the file of the 26th Additional City Civil and Sessions Judge, Bangalore. The appellant was the defendant in the suit and the respondent was the plaintiff. The suit filed by the plaintiff for ejectment of the defendant from the suit schedule property. The court below has decreed the suit in the following terms: The suit of plaintiff is decreed with costs. The counter claim of the defendant is dismissed. Hereby, the defendant is directed to hand over the vacant possession of the schedule premises to the plaintiff within three months from the dale of this order.

(2.) WHEN the matter was posted before this Court on 8.6.2010, the Court suggested the parties to explore the possibility of settlement of the matter. Today, when the matter is token up for admission, learned Counsel for the parties submit that the matter has been settled between the parties. They have filed an application under Order 23 Rule 3 of the Code of Civil Procedure reporting the terms of settlement, which are as under: Under Order 23 Rule 3 of the Code of Civil Procedure, the parties in. the above case at the intervention of the Court resolved their disputes and differences and files the following compromise petition.

(3.) LEARNED Counsel for the appellant has handed over three post -dated cheques drawn in favour of the respondent to the learned Counsel for the respondent towards damages for the entire period of 15 months granted to the appellant for vacating the suit schedule property as per the aforesaid joint memo. Learned Counsel for the respondent acknowledges the receipt of the same.