Narendra Kumar Jain, J. - (1.) LEARNED Counsel for Appellant, on instruction of Appellant Munna Khan, who is present in Court, does not press the appeal on merit and prays that some reasonable time be granted to vacate the disputed property and some reasonable amount of compensation may be awarded in favour of Appellant.
(2.) LEARNED Counsel for Respondents, on instruction of his client, who is present in Court, agrees for both the proposals. Both the parties have agreed to dispose off the appeal on the following terms and conditions: (i) Appellant Munna Khan shall hand over vacant and peaceful possession of the property in dispute to Respondents on or before 10.08.2012. Appellant shall not be dispossessed before 10.08.2012 from the property in dispute. (ii) Respondents Suresh Chand Sharma and Ors. (Legal representatives of deceased Respondent Babu Lal) shall deposit a sum of Rs. 59,000/ -(Rs. Fifty nine thousand) towards compensation and Rs. 16,000/ - (Rs. Sixteen thousand) towards decreetal amount, total Rs. 75,000/ -(Rs. Seventy five thousand) within a period of three months in the trial Court. Rs. 16,000/ - will be paid to Appellant Munna Khan, who will execute sale deed in favour of the Respondents immediately in pursuance of the impugned decree. Remaining amount of Rs. 59,000/ - shall remain in Fixed Deposit in any Nationalised Bank, payable on 10.08.2012. The said amount with interest will be paid to Appellant Munna Khan by the trial Court, after recording a satisfaction that Munna Khan has handed over vacant and peaceful possession of the property in dispute to Respondents Suresh Chand Sharma and others. (iii) Appellant shall furnish a written undertaking to handover vacant and peaceful possession of property in dispute to Respondents on or before 10.08.2012, in the trial Court/Executing Court within a period of four weeks from today with an advance copy to the Respondents or their Counsel. (iv) Amount of Rs. 16,000/ -(Rs. Sixteen thousand) deposited by the Respondents earlier in the trial Court in pursuance of the impugned decree will be paid to Respondents back as this amount is included in total amount of Rs. 75,000/ -. (v) Appellant shall not alienate, part with, demolish or damage the property in dispute in any manner during the aforesaid period. (vi) In case Appellant does not furnish written undertaking, as mentioned above, then it will be open for the Respondents to get the decree passed in their favour executed even before the aforesaid date. (vii) It is made clear that in case Appellant does not handover vacant and peaceful possession of property in dispute to the Respondents on or before the above mentioned date, then it will be open for the Respondents to get the decree passed in their favour executed and/or, to initiate contempt proceedings before this Court.
(3.) PARTIES to bear their own costs throughout.;