RUKMINI AND ORS. Vs. MAHAVEER AND ORS.

JUDGEMENT

(1.) This appeal has been heard at length. During the course of hearing of the appeal, learned counsel for the respective parties sought time to explore the possibility of settlement in the matter. After negotiations, the parties have arrived at a settlement. Today, learned counsel for the respective parties in the presence of the parties in Court have filed memorandum of compromise.

(2.) This second appeal is filed by the plaintiffs in O.S. No. 129/1987 assailing judgment and decree of the Additional District & Sessions Judge at Belagavi in R.A. No. 41/1994. The appellant -plaintiffs had sought for specific performance of agreement dated 16.09.1986. The trial Court by its judgment and decree dated 15.07.1994 decreed the suit. Being aggrieved by the judgment and decree of the trial Court defendant Nos. 3 to 11 had preferred R.A. No. 41/1994 before the first appellate Court, which, by its judgment and decree dated 26.09.2003 allowed the appeal and set aside the judgment and decree passed in O.S. No. 129/1987 dated 15.07.1994. The relief of specific performance of contract granted by the trial Court was set aside. The alternative relief was granted.

(3.) Being aggrieved by the judgment and decree of the first appellate Court, the plaintiffs have preferred this second appeal. On 02.07.2004 this Court admitted this appeal and directed the parties to maintain status quo regarding possession.