SHRUTHI S.R. Vs. SAVITHRAMMA

JUDGEMENT

(1.) Both the parties and their respective learned counsel in both the appeals are present. The parties have filed the compromise petition under Order 23 Rule 1 of CPC. In terms of the compromise, respondent Nos.1,

(2.) , 3 and 5 in R.S.A.No.737/2017 have paid a sum of Rs.10,20,128.00 vide D.D. bearing No.000008 dtd. 8/2/2023 drawn on HDFC Bank, Channapatna Branch, towards full and final settlement of the claim of the appellant and the appellant will not press her claim for the relief of specific performance and she has agreed to receive the refund of advance money paid with interest at 8% per annum as per the judgment and decree dtd. 21/2/2017 passed in R.A.No.44/2013. 2. The respondents in R.S.A.No.737/2017 have no objection to release the sum of Rs.3,85,000.00 deposited by the appellant in O.S.No.132/2012 dtd. 23/7/2013 in the Court of the Senior Civil Judge and JMFC, Channapatna in favor of the appellant. The appellant in R.S.A.No.737/2017 has agreed to execute the cancellation agreement by cancelling the sale agreement dtd. 7/4/2010 and on her failure to do so, the respondents are at liberty to get the sale agreement cancelled.

(3.) The compromise petition is taken on record. In terms of the compromise, both the appeals are disposed of. The appellant in R.S.A.No.737/2017 and the appellants in R.S.A.No.338/2019 are entitled for refund of the Court fee in accordance with law.