The appeal was disposed of in terms of the parties’ compromise, incorporated into the decree.

The appellants challenged the judgment and decree dated 9 January 2023 in O.S. No. 7920/2011.

The appeal concerned, among other matters, the appellants’ claim relating to suit Item No. 1, which had been dismissed by the trial court. Respondents 6 to 8 were purchasers of that item.

The appellants sought their deletion, stating that they had no grievance against them.

The appellants and respondents 1 to 5 appeared before the High Court and filed a joint memo stating that they had amicably resolved the matter and that respondents 1 to 5 had no further claim over Item No. 1.

1. Whether respondents 6 to 8 should be deleted from the appeal, given the appellants’ stated lack of grievance against them.

2. Whether the appeal should be disposed of in terms of the joint memo executed by the appellants and respondents 1 to 5.

The appeal was filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908.

The judgment does not discuss any substantive legal rule or precedent; the Court’s disposition rests on the parties’ joint memo and their recorded submissions.

The Court accepted the appellants’ submission that respondents 6 to 8 were purchasers of Item No. 1 and that the appellants had no grievance against them; it therefore permitted their deletion.

The Court also recorded that the appearing parties had signed the joint memo, with their advocates’ signatures, and had stated that their compromise was voluntary and free from undue influence or coercion.

On that basis, it accepted the request to dispose of the appeal in accordance with the memo.

It directed that the memo form part of the decree and dismissed any pending interlocutory applications as no longer surviving for consideration.