Item No.50
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
I.A.No.1 of 2021 IN/AND W.A.No.1035 of 2010
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. I.A.No.1 of 2021 has been moved by the appellants No.2 to 7
and the private respondents Nos.5 to 8, who are related to each other
stating inter alia that during the pendency of the appeal, the parties have arrived at a settlement, as recorded in the Memorandum of Compromise dated 09.06.2021, copy whereof has been enclosed with the application.
2. In terms of the comprise, a sum of Rs.12 lakhs has been paid by the appellants No.2 to 7 in favour of the respondent No.5, mother of the respondents No.6 to 8 and the respondents No.5 to 8 have admitted receipt of the said amount. In lieu thereof, they have relinquished their right in respect of the lands mentioned in para 4 of the Memorandum of Compromise. The respondents No.5 to 8 have also acknowledged that the appellants Nos.2 to 7 are entitled to Occupancy Rights Certificate in respect of the subject land. The Memorandum of Compromise records that the aforesaid compromise is without prejudice to the rights and claims, if any of the respondent No.4, who had remained ex parte throughout the proceedings.
3. In view of the fact that the aforesaid application has been signed by the appellants No.2 to 7 and the respondents No.5 to 8 and W.A.No.1035 of 2010 Page 1 of 2 2 both parties state that their clients may be bound down by the said settlement, which has been arrived at out of their own freewill and volition and without any undue influence or coercion from any quarter, the same is taken on record. The signatories to the application shall remain bound down by the Memorandum of Compromise.
4. Learned counsel for the appellants No.2 to 7 states that in view of the settlement arrived at with the respondents No.5 to 8, she does not wish to press the appeal against the respondent No.4. Ordered accordingly. Learned counsel further states that the present appeal may be disposed of in terms of the settlement arrived at between her clients and the respondents No.5 to 8.
5. The present appeal and the interlocutory application are disposed of along with the pending applications, if any, while binding the signatories of the Memorandum of Compromise to the settlement arrived at and recorded therein.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 05.07.2021 Lrkm/pln W.A.No.1035 of 2010 Page 2 of 2