RAMACHANDRA Vs. OZONE REALTORS PRIVATE LIMITED

JUDGEMENT

(1.) Respondent No.1 has filed O.S.No.7202/2016 for permanent injunction against the appellant who is defendant No.1 in the said suit. By an order dated 15.03.2017, the Trial Court allowed I.A. No.1 filed under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of the Civil Procedure, 1908. Taking exception to the same, this appeal has been filed by defendant No.1. Since no relief claimed as against respondents No.2 to 13, service of notice to the said respondents was dispensed with.

(2.) Learned counsel appearing for the appellant and respondent No.1 submits that so as to put a quietus to the dispute, the appellant and respondent No.1 have amicably settled the dispute and have filed compromise petition whereby appellant-defendant No.1 has given up his claim over the suit schedule property subject to certain terms and conditions and a deed of settlement dated 24.06.2020 is also executed between appellant and respondent No.1 to that effect which forms part of the compromise petition. The terms of compromise petition reads as follows:

(3.) As per terms of the settlement, respondent No.1 is required to pay sum of Rupees Eleven Crore in favour of the appellant in lieu of him giving up his claim over the suit schedule property and also for withdrawing all the pending litigations relating to the suit schedule property. Further a sum of Rupees One Crore is required to be paid as an advance to the appellant by the respondent No.1 and in that regard two cheques dated 10.08.2020 for Rupees Fifty Lakh each have been issued in favour of the appellant the receipt of which is acknowledged by the Learned Counsel for Respondent No.1 subject to realization.