Judgment:
1. This is defendant's second appeal challenging the divergent finding recorded by the First Appellate Court in its judgment and decree dated 22.08.2005 in R.A. No. 101/2001 on the file of the Civil Judge (Senior Division), KGB' district.
2. When this appeal is at the stage of final hearing, the parties to the proceedings have entered into a compromise and accordingly a compromise petition is filed, which is numbered as Misc. Cvl. No. 19240/2010, filed under Order XXIII Rule 3 of CPC.
3 In the said compromise petition, appellant nos. 1 to 4 have affixed their signature and thumb impression. The counsel appearing for the appellant in identification of the same has affixed his signature to the said petition. So far as the sole respondent to concerned, he has affixed his signature, which is identified by the counsel appearing for him.
4. The compromise petition is taken on record in the presence of the appellants, respondent and their respective counsel. The parties who haw appeared before the courts accept arid acknowledge that they have settled the dispute between themselves in terms of the aforesaid compromise: petition Held by them.
5. In terms of the compromise petition, the respondent has received a sum of Rs.30.QOO/- from fourth appellant before the court in the presence of his counsel. This is confirmed by the counsel appearing for the respondent.
6. In this compromise petition appellant nos.1 to 3 have given up their right, title and interest in respect of the suit schedule property in favour of the fourth appellant, in view of the fact that the fourth appellant has paid the entire amount of compensation due and payable to the respondent in terms of compromise and also in consideration of the fact that they have also deed in his favour on 17.02.1994. Same, has in terms of the compromise petition in favour of the Uant dismissing the suit of the plaintiff civil performance of the agreement e of suit schedule property of the appellant