Aishwarya Nano City vs Sri. Manjunath

A compromise petition is filed under Order XXIII Rule 3 of CPC stating that at the intervention of the elders and well wishers, the parties to the appeal have amicably settled all their disputes. It is further stated that pursuant to such settlement, the appellant has agreed to pay a sum of Rs.14,00,000/- to the respondent towards full and final settlement of all his claim arising out of suit agreement in respect of the suit property and that the respondent has voluntarily agreed to receive the said amount in full and final settlement of all his claims.

It is stated that out of total sum of Rs.14,00,000/-, the appellant has paid a sum of Rs.12,60,000/- to the respondent through a demand draft bearing No.196252 dated 01.11.2026 drawn on Karnataka Bank Limited, Shivananda Nagar Branch, Dharwad and that he has deposited remaining amount of Rs.1,40,000/-towards Tax Deducted at Source (TDS) on 03.11.2026. The parties have produced a copy of the challan generated on 03.11.2026 in connection with deduction of TDS.

It is also stated that pursuant to the settlement arrived at between the parties, the respondent has agreed to withdraw Execution Petition No.145/2025 pending on the file of learned Principal Civil Judge and JMFC, Dharwad.

The parties to the appeal have admitted the contents of the compromise petition and stated that they have entered into the compromise as narrated in the petition, voluntarily and after fully understanding its legal consequences. Further, the compromise entered into between the parties is lawful.

In the result, this Court proceeds to pass the following:

The compromise petition filed under Order XXIII Rule 1 of CPC is accepted.

ii) The regular second appeal is disposed of in terms of the compromise petition.

iii) Draw a decree accordingly.

iv) The appellant is entitled to refund of the court fee, as admissible under Rules.

Pending applications, if any, shall stand disposed as they do not survive for consideration.