R.RATHANPREM Vs. M.K.RAMEGOWDA

JUDGEMENT

(1.) This appeal seeks to lay a challenge to the Judgment and Decree for Specific Performance. After service of notice, the Respondents entered appearance through learned advocates. The second respondent since attained majority, the guardian is discharged.

(2.) Both the sides having brought about a settlement, have filed the Petition under Order XXIII Rule 3 of CPC, 1908 seeking disposal of this Appeal in terms thereof. Essentially the settlement states that the suit property shall be retained by the vendors who happen to be the appellants herein and the amount received by way of earnest and advance in a sum of Rs.21,00,000.00 about eight years ago shall be handed back to the vendee i.e., first Respondent - M K Ramegowda.

(3.) The appellants and their counsel to infuse elements of justice and equity in the subject settlement undertake to this court that an additional amount of Rs.2.00 lakh (Rupees two lakh) only also will be given to the first respondent vendee. They agree that whatever court fee paid on the appeal memo be directed to be returned to the first respondent himself and that the remainder of the amount would be paid to him within four weeks. They also agree that failure to make such payment would entitle the first respondent to seek recall of this order and dismissal of the appeal itself. This is fair enough.