Judgment:
1. The appellant Sri.Mohan (Moha Lai), the respondent P.R.Venu and the learned counsel for the parties are present before the Court. They have filed a compromise petition under Order 23 Rule 3 r/w 151 of C.P.C, which reads as under:
"Parties to the above suit have settled their dispute at the instance of well wishers and they have settled the matter as follows: The appellant and respondent submits as follows:
1. The appellant and respondent have settled the matter. Respondent is the absolute owner of suit schedule property.
2. The appellant/tenant has no objection to the respondent to withdrew the damages which has been deposited by him in a sum of ?.66,960/- before this Honble Court.
3. The appellant has agreed to vacate and handover vacant possession of suit schedule property to the respondent within one year from today i.e.. en or before 10/3/2012.
4. The appellant has agreed to pay damages at the rate of 1,500/- (Rupees one thousand live hundred only) per month, during his occupation of the premises from today till 10/3/2012.
5. The appellant shall not induct any third party on the suit schedule property and he also undertakes not to damage the suit schedule property.
6. The appellant will file undertaking by wav of affidavit before this Hon'ble Court to Vacate and handover vacant possession of the suit schedule property to the respondent, without driving him to file execution petition.
7. Court, fee paid on this appeal may kindly be refunded to appellant."
2. The appellant and respondent who are present before the Court admit the terms of compromise and its due execution.
3. The learned counsel for the parties submit that the compromise may be accepted and appeal may be disposed of in terms of the compromise.
4. The compromise is in the best interest of the parties and therefore, accepted.
5. Accordingly, the appeal is disposed of in terms of the compromise. The Judgment and Decree passed by the trial Court in O.S.No.4896/04 stands modified in terms of the compromise. The appellant is granted time till 10/3/2012 to vacate the premises. The appellant shall vacate and deliver vacant possession of the suit schedule property to the respondent on or before 10/3/2012. The appellant shall pay the damages to the respondent at the rate of Rs.1.500/ p.m. from March 2011 till 10/3/2012. The respondent is permitted to withdraw the amount of Rs. 66, 960/- which is in deposit before this Court. Draw up the decree in terms of the compromise.
6. The appellant shall file an affidavit, within two weeks from today, undertaking to vacate the promises on or before 10/3/2012.
7. Refond the Court-fee permissible under Sec.66 of the Karnataka Court-fee Suits and Valuation Act, 1958.