SHIVABAI BABURAO KUPATI Vs. MALLIKARJUN SHIVASHANKAR CHIKODI

JUDGEMENT

(1.) These appeals arise out of two suits filed in O.S.No.161/1995 and O.S.No.70/1996 for declaration that the sale deed dtd. 23/4/1994 and 26/3/1993 executed by the deceased plaintiff in favour of the defendant as null and void and not binding on her and also for consequential relief of injunction. Amongst the two suits, the Trial Court dismissed O.S.No.70/1996 and decreed O.S.No.161/1995 and declared that the sale deed dtd. 23/4/1994 executed by the deceased plaintiff in favour of the defendant as null and void. Being aggrieved by the judgment and decree passed in O.S.No.70/1996, RFA No.1625/2005 is filed while being aggrieved by the judgment and decree in O.S.No.161/1995, RFA No.4135/2005 is filed.

(2.) When the appeal was listed for final hearing, at the instance of the court as well as at the instance of the learned counsel for the appellant and respondent, the appellants/legal representatives of the plaintiff have agreed to settle the dispute amicably by receiving a sum of Rs.25,00,000.00 towards full and final settlement of their claim in respect of the subject matter of aforesaid suits. The parties, thereafter, have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The relevant terms of which are as under:

(3.) The appellant No.1(a), his elder daughter Smt.Daneshwari W/o.Mahantesh, younger daughter Veena and son Basavaprabhu are present. All of them have acknowledged and admitted the settlement entered into. Appellant No.1(a) and his children are identified by the learned counsel for the appellant. In continuation of the settlement, the plaintiff has received a sum of Rs.25,00,000.00 by way of a Demand Draft bearing No.141854 drawn from State Bank of India, Jayanagar Branch, Hindalaga, Belagavi dtd. 30/11/2022. The said Demand Draft is handed over to the appellant No.1(a). The parties have affixed their signatures on the order sheet in token of their acceptance of the terms of the settlement.