Sri. V. Navinishwaran by His GPA Holder, Sri M. Vishwanathvelu vs Mr. V.K. Arunkumar, Smt. N. Suryakala and Mr. R. Sathyanarayana

B. Sreenivase Gowda

Plaintiff - first respondent herein filed a suit in O.S.No. 16278/2002 before the Trial Court against defendants 1 and 2/respondents 2 and 3, for the relief of declaration, possession and for consequential relief of injunction in respect of suit property.

Parties are referred to as they are referred to the suit before the trial Court.

Appellant is represented through GPA Holder and he is present.

During the pendency of the suit, first defendant/second respondent herein has sold the suit property in favour of the appellant. Therefore, plaintiff/respondent No. 1 made an application under Order 1 Rule 10 of CPC to implead the appellant as defendant No. 3 to the suit.

Learned Counsel for the parties submit, though the said application was allowed, the plaintiff was permitted to implead the appellant as defendant No. 3 to the suit, by inadvertance the cause title of the suit has not been amended to that effect. Consequently, name of the appellant was not incorporated in the impugned judgment and decree of the Trial Court. The said proposed defendant No. 3 has filed this appeal challenging the judgment and award passed by the Trial Court in decreeing the suit in favour of the plaintiff - first respondent. During the pendency of the appeal, the appellant and the plaintiff/first respondent herein got the subject matter of the suit settled amicably by reducing the terms and conditions of settlement into writing by way of filing a detailed compromise petition under Order 23 Rule 3 of CPC. The said compromise petition signed by the appellant and plaintiff/first respondent herein and the learned Counsel appearing for them is taken on file. Contents of the compromise petition are read over to the parties who are present in the Court in the language known to them and its execution is admitted. The learned Counsel appearing for the parties pray for allowing the appeal in terms of the compromise petition.

Accordingly, appeal is allowed. Judgment and decree of the trial Court is modified in terms of the compromise petition and Office is directed to draw final decree in terms of the said compromise.

Learned Counsel appearing for the parties submit, in view of compromising the matter, the Court fee paid on the appeal memo be ordered to be refunded to the appellant. Accordingly, Registry is directed to refund the Court fee to the appellant.