AISHWARYA AGARWAL Vs. M/S. KEERTHI PROPERTIES

JUDGEMENT

(1.) This appeal is filed by the defendant Nos.1 and 2 challenging the order dtd. 2/7/2022 passed in Commercial Original Suit No.613 of 2021 by the LXXXVII Additional City Civil and Sessions Judge, Bengaluru and have sought to dismiss the suit of the plaintiff by allowing this appeal, by urging various grounds.

(2.) The appellants submits that the respondents herein who are the plaintiffs before the Trial Court filed the suit in Com.O.S.No.613 of 2021 against them for recovery of a sum of Rs.89,96,000.00 along with future interest at the rate of 24% per annum from the date of suit till the date of payment. The Trial Court partly decreed the suit of the plaintiffs with costs, directing the appellants/ defendants to pay jointly and severally to the plaintiffs a sum of Rs.50,00,000.00 with interest at 18% per annum, from the date of the payment, till realization and further were directed to pay costs of the suit to the plaintiffs.

(3.) The learned counsel on both sides as well as the parties to the proceedings are present before the Court physically and submits that they have filed compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 and submits that they have amicably settled the subject matter of the suit at the intervention of the well-wishers and friends and accordingly, the parties have agreed to settle the dispute in the following terms: