The parties have come to a settlement and they have compromised the dispute between them. They have filed a petition under Order XXIII Rule 1 of the Code of Civil Procedure setting out the terms arrived at by them and praying that a decree be passed in terms of the compromise.
2. After having heard learned counsel on both sides, and after having gone through the compromise between the parties, this court finds no reason to reject the same. There is no illegality in the compromise and there is no reason why it should not be accepted. The said compromise is accepted.
3. In the result the judgments and decrees of the courts below are set aside and a decree is passed in the following terms:
S.A.265/2003.
2 “1. The appellant as well as the respondents agree to sell the School and its surrounding property in question to a willing purchaser and agreed to divide the sale consideration equally among the appellant and respondents 1 to 5 and respondents 6 and 7 together (legal heirs of R.Rajendranath deceased 6th respondent in the appeal) (ie. seven shares).
2. The respondents have executed an agreement dated 20.3.2014 in favour of the appellant authorizing him to negotiate with the willing purchaser/s of the School and the property and to finalise the contract with the consent of the respondents. On finalization of the contract for sale a further agreement will be entered into between the willing purchaser and the appellant and all the respondents together or anyone among them S.A.265/2003.
3 nominated either by the appellant or the respondents.
3. The 1st respondent is nominated to collect the sale consideration from the purchaser and distribute the same to the appellant and the respondents after deducting her 1/7th share as provided for in clause 1 of this petition.
4. The parties further agreed that they shall bear their respective costs in the appeal.
The compromise petition shall form part of the decree.
P. BHAVADASAN, JUDGE sb.