B SHEELA RANI Vs. SHEIK BASHA

JUDGEMENT

(1.) 1. THE appellant herein is the plaintiff in O.S.No.4513/97. The suit in question was filed by the plaintiff seeking for a judgment and decree of specific performance in respect of an agreement of sale dated 20.02.1995. The suit ultimately came to be dismissed by the Court below by its judgment and decree dated 09.11.2010. The plaintiff is therefore before this Court in this appeal assailing the said judgment and seeking for a judgment and decree of specific performance.

(2.) DURING the pendency of the instant appeal, the matter had been referred to the Bangalore Mediation Centre so as to mediate between the parties and explore the possibility of settlement. In view of the contention put forth by the appellant that after taking possession of the property pursuant to the agreement, certain constructions were also put up and since the plaintiff /appellant agreed to give up her right under the agreement for specific performance, subject to the respondents/defendants agreeing to compensate her for the costs incurred, a settlement was reached between the parties whereby the appellant/plaintiff has agreed to receive a sum of Rs.11,00,000/- (Rupees Eleven Lakhs only) in full and final settlement of her claim. On receiving the said amount, she has agreed to hand over possession of the suit schedule property to the respondents/defendants jointly by giving up her claim for specific performance.

(3.) IN that view, the memorandum as entered into before the Mediation Centre is made a part of the records of this appeal. The appellant has accordingly given up her right to continue with the appeal and seek for specific performance. In terms of the above, the appeal stands disposed of.