€ 2005 IN THE HIGH COURT OF KARNATAKA AT EANGALORE DATED THIS THE 2 0 DAY OF MARCH 2007 BEFORE THE HON’BLE MR JUSTICE HG 4 RAMESH 2682OO5.DE. SETWE SURLRSRINIVA•SA1AH, AGED ABOUT 41 YEARS, S/O.G. RAMAIAH, RESIDING AT NO.51, 1111 MAIN, MATHIKERE, BANGALORE - 560 054. ... APPELIaI’ (BY SRLB,S.GURUDATH, ADV,) AND: 1, SHRLKRISHNAPPA SINCE DEAD BY LRS. A. PREMA KRISHNAPPA, AGED 50 YEARS, W/0.LATE. KRISHNAPPA. B. HEMAVATHI, AGED 28 YEARS, D/ 0. lATE. KRISHNAPPA. C. MOHAN, AGED 26 YEARS, 8/ 0,LATE.KRISHNAPPA. D. MARUTHI, AGED 24 YEARS, S/0. LATE.KRISHNAPPA. RFA NOaoO5 A[LARF RESIDING AT CHF NNAPPA GARDEN, PARAM PAPA, GOKU L, HANGALORE - 54. (RESPONDENTS I (A) TO (D) IMPLEADED VIDE COURT ORDFR DATED 1892006) . .. RESPONDENTS (BY SRI.B.V.GANGI REDDY, ADV. FOR R1 (A - D)) THiS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF C P C AGAINST THE JUDGMENT AND DECREE DATED 17 Ii 2004 PASSED IN OS NO1742/ 1991 ON THE FILE OF THE XIV ADDI. CITY CIVIL JUDGE, BANGALORE (CCW28), DISMISSING THE SUIT FOR DECLARATION AND POSSESSION. THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT, DELIVERFD THE FOLLOWINGS JUDGMENT Learned counsel for the parties have filed a compromise petition dated 15 2 2007 signed by them and the parties and pras that the appeal may be disposed of in terms of the compromise petition in modificati n of the judgment and decree impugned herein. 2 The compromise petition reads as follows O.26825 3- At the instance of the well wishers of the appellant (Plaintiff) and legal representatives of the onginal respondent (defendant) herein have settled the matter under the terms of the compromise are as follows. 1. The legal representatives of the original Respondent concede that the appellant is the owner of the suit schedule property. 2. The legal representatives of the original respondent have agreed to vacate the suit schedule property and hand over the vacant possession of the suit schedule property to the appellant on 18.02.2007 and the appellant will give an acknowledgement to the legal representatives ofthe respondentfor having accepted the possession. Having regard to the aforesaid terms, this Hon’ble Court may be pleased to allow the above appeal and set aside the judgment and decree dated 17.11.2004 passed in C). S. No. 1742/1991 on the file of the XW -4- Additional City Civil Judge at Bangalore (CCH 28,) and decreed the suit. Each party is to bear his or her own costs, The above compromise petition is placed on record. 3. The appeal stands disposed of in terms of the above compromise petition in modification of the judgment and decree impugned herein. Api’ieal disposed of. JL