N.V. MOHAMMED UNNI Vs. SAIFULLA KHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree, dated 01.07.2013 passed by the Court of XIV Additional City Civil Judge, Bangalore in O.S. No. 5096/2003 directing the appellants to hand -over the vacant possession of the suit schedule property to the respondent -plaintiffs within three months.

(2.) SRI G. Manivannan, the learned counsel for the appellants submits that if the reasonable time is granted, the appellants would make alternative arrangements and vacate the schedule premises. He submits that the ejectment decree is passed only in respect of one portion. In the other portion of the same building, eviction petition in S.C. No. 1591/2011 is pending consideration before the court of Small Causes. He submits that no purpose would be served by the appellants vacating the schedule premises, which constitute only half portion of the building in question. He submits that the appellants are earning their livelihood by running a hotel in the schedule premises. He submits that the appellants would vacate not only the schedule premises in this case but also the schedule premises in S.C. No. 1591/2011 in five years' time.

(3.) AFTER arguing like this for some time, both the parties have agreed on certain things. The same is recorded in the joint memo. It is signed by the appellant Nos. 1(a) and (b) and the respondent No. 1. The said parties are present before the Court. They and their signatures are identified by their respective learned advocates. They state that they have entered into the settlement of their volition and without any duress from anybody. The joint memo reads as follows: