IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA R.S.A NO. 335/2017 BETWEEN V. GIRISH KUMAR, S/O LATE P. M. SUBRAMANYA, AGED ABOUT 39 YEARS, R/O NWD - 54, NEW COLONY, NEW TOWN,BHADRAVATHI - 577301 SHIVAMOGGA DISTRICT. ... APPELLANT (BY SRI. P. N. HARISH, ADVOCATE) AND 1. DR. RAMESH R. S., S/O DR. RAJASHEKARAPPA R. S., AGED ABOUT 41 YEARS, SPARSHA HOSPITAL, 1ST PARALLEL ROAD DURGI GUDI, SHIVAMOGGA CITY – 577 201.
2. DR. VIDHYA, W/O DR. RAMESH R. S., AGED ABOUT 39 YEARS, SPARSHA HOSPITAL, 1ST PARALLEL ROAD DURGI GUDI, SHIVAMOGGA CITY – 577 201 ... RESPONDENTS (BY SRI. H. S. PRASHANTH, ADVOCATE) THIS RSA IS FILED U/S 100 OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.12.2016 PASSED IN RA.NO.67/2015 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM., SHIVAMOGGA., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 09.03.2015 PASSED IN THE OS. NO.776/2011 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC., SHIVAMOGGA.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel appearing for the appellant and the respondents have filed a Joint Memo dated 30.3.2017 stating that the parties have compromised the matter and entered into certain conditions as narrated in the joint memo. The Joint Memo reads as follows:
JOINT - MEMO The Parties to the above Appeal humbly submit as follows:
1. That the Appellant being aggrieved by the Judgment and decree dated 16/12/2016, in R.A.No.67/2015, passed by the I additional Civil Judge (Sr. Dvn) and Additional CJM at Shivamogga has preferred this Regular Second Appeal.
2. It is submitted that, both the parties have decided to close the litigation by arriving at a settlement. Accordingly, both the parties have settled the dispute in this Appeal in the following terms:
a. That the Respondents/ Landlords have agreed to permit the Appellant/Tenant to continue the tenancy of the Appellant / Tenant for a period of eight (8) months from this day. Accordingly the tenancy shall continue till 1st day of December 2017 (01/12/2017).
b. That the Appellant/Tenant has agreed to pay the balance rent/damages i.e. an amount of Rs.4,24,600/-. As per the joint memo filed this day. The said amount shall be paid in two equal parts and the first part shall be paid on or before 01/06/2017 and the remaining amount shall be paid on or before 01.08.2017.
c. The appellant/Tenant shall continue to pay the rent for the remaining period of eight months at the rate of 12,650/- per month without any default.
d. The Respondents/ Landlords shall return the advance amount of Rs.2,25,000/- (Rupees two lakhs and twenty five thousand only) on or before 01/12/2017, when the possession of the suit schedule property is delivered to the Respondents/Landlords.
e. In case the appellant fails to fulfil any of the above conditions the Respondents are at liberty to execute the decree forthwith, further to recover such rent/damages unpaid.
f. The Appellant shall file an affidavit of undertaking, undertaking to vacate and to pay rents as agreed, within a period of two weeks from today.
3. The Court fee if any paid by the Appellant may be refunded to the Appellant.
Both the parties pray that this Hon’ble Court may be pleased to dispose off the above appeal, in terms of this Joint Memo, in the interest of justice and equity.
The appeal is partly allowed in terms of the joint memo. Office to draw the decree in accordance with Joint Memo. The learned counsel for the appellant is hereby directed to file an affidavit of the appellant in terms of the joint memo within two weeks. If any of the terms and conditions mentioned in the joint memo are violated, the same is executable in accordance with the joint memo. The refund of Court fee is allowed in accordance with law.
Sd/-
JUDGE PL*