IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1561 OF 2018 BETWEEN Smt. Kamar Taj W/o. Late Mohammed Yaseen Aged 48 years, R/at Ground Floor Portion, No.28, Old No.4 4th ‘B’ Cross, Ejipura, Viveknagar, Bengaluru-560047.
(By Sri. K.N.Purushothaman, Advocate) AND Sri. C.Raja, S/o. Chota Sab, Aged 58 years, R/at No.18, 10th Cross, Unity Lane Ejipura, Viveknagar Post, Bengaluru-560047.
(By Sri. G.Janardhana, Advocate) …Appellant …Respondent This RFA is filed under Section 96 of CPC, against the judgment and decree dated 05.07.2018 passed in O.S.No.25769/2015 on the file of the XIII Additional City Civil and Sessions Judge Mayohall Unit, Bangalore, partly decreeing the suit for ejectment and damages.
This RFA coming on for admission this day, the court made the following:
ORDERS ON COMPROMISE PETITION The appellant and the respondent present a compromise petition under Order XXIII Rule 3 of the CPC. They have signed this compromise petition. Advocates for the parties have also signed the compromise petition. The contents of the compromise petition are read over and explained to the parties in Kannada language who are present before the court. They voluntarily submit that they have entered into this compromise and that they are aware of the contents of the compromise petition.
2. In terms of the compromise, the appellant has agreed to vacate and deliver possession of the suit property to the respondent on or before 31.3.2019. The respondent has agreed to pay additional sum of Rs.3,50,000/- to the appellant. Today the respondent hands over a DD for Rs.2,00,000/- to the appellant and has undertaken to pay the remaining balance of Rs.1,50,000/- at the time when the appellant vacates and delivers vacant possession of the suit property to the respondent.
3. The terms of the compromise are lawful and it is accepted. The judgment of the trial court is modified in terms of the compromise petition. Draw decree accordingly.
Sd/- JUDGE ckl