IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD R.F.A.No.1869 OF 2016(INJ) BETWEEN:
Smt. Leela W/o Sri. D.N.Narasimha Aged about 47 years R/at No.110, II Main, 3rd Cross Cauverypura, Kamakshipalya Magadi Main Road, Bangalore-560 077. …. Appellant (By Smt.B.V.Vidyulatha, Advocate) AND Sri. N.A.Girish S/o Late.Sri.N.S.Anand Aged about 45 years R/at No.3278, 4th Cross Gayathrinagar, Bangalore-560 021. … Respondent (By Sri.Nataraj R., Advocate for C/R) This RFA is filed under section 96 read with Order XLI Rule 1 of CPC., 1908 against the Judgment and Decree dated:22.10.2016 passed in OS.No.4017/2015 on the file of the XIX Addl. City Civil and Sessions Judge, Bengaluru City, dismissing the suit for permanent injunction.
This RFA, coming on for orders, this day, NAGARATHNA J., delivered the following:
JUDGMENT The plaintiff in O.S.No.4017/2015 has filed this appeal, being aggrieved by the dismissal of the suit by judgment and decree dated 22.10.2016 passed by XIX Additional City Civil and Sessions Judge, Bangalore City.
2. The appellant-plaintiff had filed the said suit seeking the relief of permanent injunction restraining defendant from interfering with the peaceful possession of the suit schedule property. During the pendency of the appeal, the parties have negotiated a settlement and have filed a memorandum of compromise petition under Order XXIII Rule 3 r/w. Section 151 of Civil Procedure Code, 1908.
3. Learned counsel for the respective parties submit that the appeal may be disposed off in terms of the compromise arrived at between the parties. The parties are present before this Court and they are identified by their respective counsel. They submit that they have arrived at a settlement and the appeal may be disposed off in terms of the settlement arrived at between them. They further submit that they will abide by the terms of the settlement which has been arrived at, without any force or coercion or undue influence from any quarter.
4. Learned counsel for the respective parties submit that the appeal may be disposed off in terms of the settlement arrived at between the parties.
5. The memorandum of compromise is taken on record. It is signed by the parties as well as their respective counsel. The same reads as under:
“The Appellant and the Respondent submit as follows:
1. The Plaintiff/Appellant being absolute owner in possession of Site bearing no.1839, formed in Sy. No.25/3 in the Karnataka State ‘D’ Group Employees Central Association Layout, Srigandhadhakave Village, Yeshwanthpur Hobli, Bangalore North Taluk measuring East to West 40-0 Ft and North to South 35 Feet, (The said property was fully described in the Suit and was referred to as Suit Schedule Property and is also described in the Petition and is herein after referred to as Suit/Petition Schedule Property for the sake of brevity) filed a suit against the Defendant/Respondent for bare Injunction in O.S.No.4017/2015 on the file of the learned XIX Additional City Civil and Sessions Judge (CCH-18) Bangalore City. The said Suit being dismissed by Judgment and decree dated: 22.10.2016, the above Appeal is preferred by the Plaintiff /Appellant.
2. During the pendency of the above Appeal, at the intervention of the well wishers, the Appellant and the Respondent have amicably settled the dispute and agreed to compromise the matter.
3. The Respondent admits the following:
a. That the Appellant is the absolute owner in possession of Suit/Petition Schedule Property having purchased the same vide Sale Deed dated:25.02.2008, being registered in the office of the Senior Sub-Registrar, Nagarabhavi, Bangalore as Document no. 5306/2007-08.
b. That the Site No.1486-A allotted to him by the Karnataka State D Group Employees Central Association in respect of which a sale deed is executed to him on 27.04.2004, is in no way related to the Suit/Petition Schedule Property.
c. That the Respondent has no right title or interest over Suit/Petition Schedule Property or any portion of it thereof .
d. That the Respondent is or never was in possession of Suit/Petition Schedule Property or any portion of it thereof.
4. The Respondent undertakes that he would not in any way interfere with the peaceful enjoyment or possession of the Suit/Petition Schedule Property by the Plaintiff/Appellant or her assignees or nominees or representatives or any other person claiming title and enjoyment of the Suit/Petition Schedule property through or under her.
5. The Respondent has no objection for the Suit in O.S.No.4017/2015 on the file of the learned XIX Additional City Civil and Sessions Judge(CCH-18) Bangalore City being decreed as prayed therein by allowing this Appeal.
6. The Appellant and Respondent hereby declare that they have understood the contents of this compromise petition and its legal consequences. They have entered into this compromise petition on their self volition and as such there is no exercise of fraud, coercion, undue influence or misrepresentation against each other. Hence, each of them comes forward voluntarily to enter into this compromise petition.
7. The parties submit that this compromise petition is lawful and binding on them and as such the same shall not be reopened or questioned for any reason.
Wherefore, the Appellant and the Respondent pray that this Hon’ble Court be pleased to pass a decree as per the terms of the compromise petition by decreeing the Suit in O.S.No.4017/2015 on the file of the learned XIX Additional City Civil and Sessions Judge (CCH-18) Bangalore City as prayed therein by allowing this Appeal in the interest of justice and equity.
COMPROMISE SCHEDULE PROPERTY:
All that piece and parcel of the Property bearing Site No.1839, formed in Survey No.25/3, in the Karnataka State ‘D’ Group Employees Central Association Layout, Srigandhadhakaval Village, Yeshwanthapura Hobli, Bangalore North Taluk, measuring East to West: 40-0 (Forty) Feet, North to South:35-0(Thirty Five) Feet, in all measuring 1400 Square feet and bounded as follows:-
EAST BY : ROAD WEST BY : SITE NO 1840 NORTH BY : ROAD SOUTH BY : PRIVATE PROPERTY There is a house measuring 25x20 feet (about 550 Sq ft excluding toilet room) with asbestos sheet roof, in this property.
NOTE: In the Sale Deed dated: 25.02.2008, the said Site No.1839 is shown to be bounded as follows: EAST BY : ROAD WEST BY : SITE NO 1840 NORTH BY : SITE NO 1486 SOUTH BY : ROAD Sd/- Sd/-
Advocate for Appellant Appellant Sd/- Sd/-
Advocate for Respondent Respondent”
6. On perusal of the same we find that the same is lawful and there is no legal impediment for accepting the settlement arrived at between the parties.
7. In the circumstances, the judgment and decree of the Trial Court is set aside and the appeal is disposed off in terms of the compromise arrived at between the parties.
Office to draw the decree accordingly.
Sd/- JUDGE Sd/- JUDGE Cm/-