IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE S.G.PANDIT CRP.NO.148/2019 BETWEEN:
E1 ROI PRAISE AND PRAYER HOUSE, NO. 62-63, 2ND FLOOR, 2ND-A-CROSS, 7TH MAIN, TC PALYA MAIN ROAD, RAGHAVENDRA NAGARA, NEAR KOSHY’S HOSPITAL, RAMAMURTHY NAGAR, BENGALURU-560 016, REPRESENTED BY ITS PRESIDENT MR.D.BABU. ... PETITIONER (BY SRI.SRINIVAS.N, ADVOCATE) AND:
MRS. MARY ELIZABETH, AGED ABOUT 69 YEARS, W/O. LATE MASILA MANI, R/AT NO.63, SECOND FLOOR, 2ND-A-CROSS, 7TH MAIN, TC PALYA MAIN ROAD, RAGHAVENDRA NAGARA, NEAR KOSHY’S HOSPITAL, RAMAMURTHY NAGAR, BANGALORE-560 016. ... RESPONDENT (BY SRI.S.G.MARISWAMY GOWDA, ADVOCATE FOR C/R) THIS CRP IS FILED U/S.18 OF KARNATAKA SMALL CAUSES COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED 15.02.2019 PASSED IN SC.NO.15297/2017 ON THE FILE OF THE XV ADDL.SMALL CAUSES JUDGE AND XXIII ACMM, BENGALURU, DECREEING THE SUIT FOR VACANT POSSESSION.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R By order dated 24.06.2019, this petition was referred for mediation to Bangalore Mediation Centre for exploring the possibility of settlement.
2. Learned counsel for both parties stated that parties have settled the matter before the Mediation Centre. The Mediation Centre has forwarded the settlement report dated 02.08.2019. Settlement arrived at by the parties before the Mediation Centre reads as follows:
“The respondent in this case has filed petition S.C.No.15297/2017 (SCCH-19) for Ejectment and vacant possession of the suit schedule property and an award was passed dated 15.02.2019 granting 2 months time to the petitioner to vacate and handover vacant possession. The petitioner has challenged the said order in this revision petition bearing CRP No.148/2019 before the Hon’ble High Court of Karnataka.
I The aforesaid revision was referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute and both parties have agreed to the following terms and conditions:
1. The petitioner herein E1 Roi Praise and Prayer House is represented by its President D. Babu, who has agreed to vacate the schedule premises on or before 30th of April 2021.
2. The petitioner agrees to handover vacant possession of the petition schedule premises without causing any damage to the structure. However, the petitioner is at liberty to remove all the fixtures and fittings like, lightings, fans, A.C. belonging to them. In the event of damages being caused by the petitioner, the same shall be duly compensated.
3. The petitioner further agrees to clear the electricity and water charges to the concerned department till vacating and handing over the vacant possession of the schedule premises to the respondent and agrees to handover the receipts for the same.
4. During the above period agreed between both the parties, they shall not interfere with each other and amicably extend their cooperation for peaceful living.
5. The petitioner agrees that he will not cause any trouble to the other tenants in the same building. The petitioner agrees that he will not cause any nuisance to the neighbours in any manner.
6. If the petitioner fails to vacate and handover vacant possession of the suit schedule premises on or before 30.04.2021, the petitioner shall pay the damages of Rs.50,000/- (Rupees Fifty Thousand only) per month from 01.05.2021 till handing over vacant physical possession of the suit schedule premises to the respondent.
7. The petitioner undertake not to sub-let or re-let or part with possession of the petition schedule property to any third person/s during their stay.
8. The petitioner undertakes to voluntarily surrender the vacant physical possession of the petition schedule property to the respondent on or before 30th of April 2021 without seeking further extension of time whatsoever. However in the event of any default being committed by the petitioner to comply with the terms agreed herein, the respondent is at liberty to approach the Hon’ble court for getting necessary reliefs by due process of law to get the same duly executed.
9. Both the parties undertake to get closes/quashed the complaints/cases pending against each other, in view of the above settlement arrived in this petition.
10. Both the parties state that they have no other claims against each other.
II In view of the aforesaid agreement entered into between the parties, the parties pray this Hon’ble court to decree the above petition in terms of the aforesaid settlement/agreement.
III Parties will appear before the Hon’ble High Court for necessary orders in terms of the settlement/agreement.”
Petition is disposed of in the above terms as arrived at by the parties. The judgment and decree dated 15.02.2019 passed in S.C.No.15297/2017 on the file of the XV Additional Small Causes Judge and XXIII ACMM., Bengaluru, is modified in terms of the settlement extracted above. Registry to draw the decree accordingly.
Sd/- JUDGE PKS