THE HONOURABLE SRI JUSTICE G. CHANDRAIAH A.S. MP. No.1386 of 2009 and A.S. No.2436 of 1999 JUDGMENT: A.S. M.P. No.1386 of 2009 is filed under Order XXIII Rule 3 CPC seeking to record the compromise and pass the judgment and decree in terms of the compromise petition in A.S. No.2436 of 1999. The present appeal has been filed aggrieved by judgment and decree dated 01.07.1999 passed in O.S. No.174 of 1999 by the learned II Additional Senior Civil Judge, R.R. District at Saroornagar. The sole appellant in the present appeal is died and his legal representatives were brought on record. At the out set, the said suit was filed for recovery of an amount of Rs.4,88,301/- with future interest at the rate of 12% per annum. The said suit was decreed only for Rs.3,48,301/- with proportionate costs with interest at 12% per annum on the principal amount of Rs.3,02,975-30 ps., from the date of the suit till the date of decree and at 6% per annum from the date of the suit till realization. Assailing the same, the present appeal is filed. During the pendency of the appeal, the 2nd defendant, Smt. S.Sarojini, who was brought on record as one of the legal representatives of the deceased 1st appellant, also died. The learned counsel on either side have submitted that both the parties have settled the matter in terms of the compromise and a copy of the same is filed. Therefore, they requested this Court to dispose of the appeal in terms of the compromise. Both the parties have appeared before this Court and they have been identified by their respective counsel. According to the terms of compromise petition, the appellant required to pay an amount of Rs.1,00,000/- to the respondent in the open Court and the said amount of Rs.1,00,000/- (Rupees one lakh) is paid by the appellant to the respondent in the open Court and the same is received by the respondent. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, A.S. M.P. No.1386 of 2009 is allowed. Consequently, the appeal is also disposed of in terms of the compromise petition. A copy of the compromise petition shall form part of the decree. There shall be no order as to costs. ___________________________ JUSTICE G. CHANDRAIAH Date: 05.08.2009 LSK