YESUDASS Vs. KANICKAMARY

JUDGEMENT

(1.) This is a defendant's appeal challenging Judgment and decree passed by XXXIX Additional City Civil and Sessions Judge, Bangalore, dated 25.04.2009 in O.S. 5052/2008 whereunder defendant has been restrained by an order of temporary injunction from dispossessing the plaintiff from the plaint schedule property. Learned advocates appearing for the parties after arguing the matter for considerable length of time have filed a compromise petition under Order XXIII, Rule 3 of C.P.C. where under it is agreed between the parties as under:

(2.) Appellant and respondent are present before the court. They submit that though they do not know English language, contents of compromise petition has been read over and explained in the language known to them namely Kannada by their respective learned advocates and only after having understood the contents thereof they have affixed their signatures voluntarily without any force, threat or coercion and out of their own free will and volition. Learned advocates who are present before the court in token of having identified the respective parties have also affixed their signatures to the compromise petition. Appellant acknowledges the receipt of a sum of Rs. 2,00,000/- as also two post dated cheques of Rs. 50,000/- each from the respondent. Appellant has agreed to hand over possession of the suit schedule premises to the respondent during the course of the day to which respondent has also agreed and accepted.