NAGARAJ HULLURAIAH Vs. JAYARAMAIAH KEMPAIAH

JUDGEMENT

(1.) Though this appeal is listed for admission, it is taken up for recording of the compromise settlement between the parties.

(2.) Learned counsel for the respective parties jointly submit that this appeal could be disposed of in terms of the settlement arrived at between the parties. They further submit that a memorandum of compromise petition has been filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 as the parties have decided to settle the dispute and hence, this appeal could be disposed of in terms of the settlement arrived at between the parties.

(3.) The plaintiff in O.S. No.1319/2009, has preferred this appeal being aggrieved by the judgment and decree of the learned Senior Civil Judge at Nelamangala dated 21.09.2016. By the said judgment and decree, the trial Court has partly decreed the suit for specific performance, by declining to grant the relief of specific performance and by directing the defendants to repay the advance sale consideration of Rs.30,00,000/- with interest at the rate of 6% per annum, within one month from the date of the order. Being aggrieved by the same, the plaintiff has preferred this appeal.