IN THE HIGH COURT OP KARNATAKA CiRCUIT BENCH AT DHARWAD DATED THIS THE 2IF DAY OP JULY. 2011 PRESENT THE HON’BLE MR. JUSTICE V.0. SABHAHIT AND THE HON’BLE MR.JUSTICE B. MANOFIAR A/W MISC. CIVIL.NO.1072 16/2011 Between: D. Halappa, S/o. Dal<shattv Rudi appa, Age: Major, 0cc: ,Agriculture, R/o. Hire Hadagali. Huvina Hadagali Taluk, Bellarv District-583 101. ... Appellant (C o m rn o n) (By Sri.Ravi S. Balikai, Advocate) And: Smt. Chinnavva, W / a. Tarn bun N ingappa, Age: M aj on, R/o. 1 s Ward, Mvlara. Hovina Hadagali Taluk, Bellar Distnict-583 101. ... Respondent (Comm on) (By Sri .Basava raj M. Mckki, Advocate) This appeal is filed under Section 96 of CPC. against the judgment and decree dated 29.10.2005 passed in 0.5. Nc. 119/2004 on the file of the Additional Civil 3 uclge (Sn. Dn.), Hospet, dismissing the suit for specific i.Jenionrnance of contract. -2- Misc. Cvi. No.107216/2011 is filed under Order VI Rule 17 of CPC, praying that this Hon’ble Court be pleased to permit the appellant/plaintiff to amend the plaint in O.S.No.119/2004 for reason stated therein. This appeal A/W Misc. Cvl.107216/2011 coming on for final hearing this day, V.G.SABHAHIT.J, delivered the following: JUDGMENT This appeal is filed by the plaintiff in O.S.No.119/2004 on the file of the Additional Civil Judge(Senior Division), Hospet, wherein the suit of the plaintiff for specific performance has been dismissed. 2. The matter was posted yesterday and the learned counsel appearing for the parties submitted that the matter is likely to be settled and they will keep the parties present file a joint memo. Accordingly, appellant- plaintiff and respondent-defendant are present before Court and submit that they have entered into a compromise and they have a filed joint memo wherein the respondent has greed to pay Rs.2,00,000/- with interest at 9% per annum from 22/06/1998 till the date of payment and has sought for time as per clause (a), (b) and (c). Parties admit that they have entered into compromise. Joint memo is signed by the parties and the learned counsel appearing for the parties. 3. In view 01 the same. joint memo m allowed In view of the fact that the matter is settled at the instance of this Court. the entire amount of court fee paid on the appeal memo shall be refunded to the appella ut. As the matter is settled, question of considering any pending application(Misc.Cvl. 107216/2011) would not arise for eon side ration. Draw the decree as per the joint memo in modification of the judgment and decree passed by the trial Court. Sd/ JUDGE Sd/ JUDGE km v