IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR.JUSTICE H.P.SANDESH REGULAR FIRST APPEAL NO.72 OF 2012 (MON) BETWEEN:
1. SMT. LEELAVATHI W/O LATE A.S.CHANDER RAJU, AGED ABOUT 74 YEARS, RESIDING AT NO.528, NEW NO.9, ANJANEYA TEMPLE STREET, V.V.PURAM, BENGALURU-560004.
2. SRI. A.C.RAMESH BABU, S/O LATE A.S.CHANDER RAJU, AGED ABOUT 42 YEARS, RESIDING AT NO.528, NEW NO.9, ANJANEYA TEMPLE STREET, V.V.PURAM, BENGALURU -560004 ...APPELLANTS (BY SRI. ABHINAV.R, ADVOCATE) AND:
1. SMT. SUMANGALAMMA, W/O SADASHIVAIAH, AGED ABOUT 70 YEARS, RESIDING AT NO.160, M.G.ROAD, CHANNAPATNA TOWN.
‘TODAY AT’ BENGALURU DISTRICT, BENGALURU-562160.
2. SRI. S.LAKSHMINARAYAN, S/O LATE A.S.CHANDER RAJU, AGED ABOUT 52 YEARS 3. SMT. RAJESHWARI, W/O B.K.VENKATESH, AGED ABOUT 47 YEARS 4. SMT. TRIVENI, W/O P.R.JAYAKUMAR, AGED ABOUT 45 YEARS 5. SMT. SATHYALAKSHMI, W/O B.A.SUDARSHAN BABU, AGED ABOUT 40 YEARS 6. SMT. MAMATHA W/O BADARINATH AGED ABOUT 37 YEARS ALL RESIDING AT NO.5/3, OLD PANTNOOL PET, BENGALURU - 560053.
…RESPONDENTS (BY SRI. K.S.RAGHURAM, ADVOCATE FOR R1, R2 TO R6 ARE SERVED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.09.2011 PASSED IN O.S.410/2006 ON THE FILE OF THE XIV-ADDL. CITY CIVIL JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR REDEMPTION AND POSSESSION.
THIS RFA IS COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Both the second appellant and also the first respondent have filed a joint memo reporting the settlement on the advise of well-wishers and friends.
2. The second appellant undertakes to vacate and hand over possession of the suit schedule property on or before 31.03.2020 to the first respondent. The first respondent has also undertakes to pay `50,000/- to the second appellant on vacating the suit schedule property. The first respondent has no objection for the entire amount of `9,40,966/- deposited by her in OS No.410/2006 to be paid to the second appellant with interest, if any.
In terms of the joint memo the appeal is disposed of. The office is directed to draw the decree in terms of Joint Memo.
Registry is directed to refund the Court fee to the second appellant.
Office is directed to obtain signature of the parties and the counsel.
Sd/- JUDGE GH