IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA REGULAR FIRST APPEAL No.1754/2017 (RES) BETWEEN:
SRI. D. N. RAMAKRISHNA, S/O NARAYANA GOWDA, AGED ABOUT 39 YEARS, NO. APARTMENT NO.SF-6, SHAKTHI APARTMENTS, NO.30/15, 2ND MAIN ROAD, NAGASETTIHALLI, MARUTHI EXTENSION, BENGALURU-560 094.
... APPELLANT (BY SRI Y.R. SADASHIVAREDDY, SENIOR COUNSEL FOR SRI RAVINDRANATH M., ADVOCATE) AND:
1. SRI. SRINIVAS RAMASWAMY, S/O SRI.RAMASWAMY, AGED ABOUT 53 YEARS, 2. SMT.LATHA RAMA MURTHY, W/O SRINIVAS RAMASWAMY, AGED ABOUT 48 YEARS, (BOTH R/AT NO.15433, MOUNTAIN VIEW LANE FRISCO TX-75035 USA) REPRESENTED HEREIN BY THEIR GPA HOLDER SRI.B.RAMA MURTHY, S/O LATE BYRAPPA, AGED ABOUT 77 YEARS, R/AT NO.261, SREE SHIVA KRUPA, 1ST C MAIN, 2ND STAGE, MAHALAKSHMIPURAM POST, BANGALORE-560 086.
... RESPONDENTS (BY SRI G. L. VISHWANATH, ADVOCATE FOR C/R1 AND R2) …… THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:
19.07.2017 PASSED IN OS.NO.9731/2014 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, PARTLY DECREEING THE SUIT FOR VACANT POSSESSION, RECOVERY OF MONEY AND DAMAGES.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
… JUDGMENT The present Appeal is filed by the defendant/ tenant against the judgment and decree dated 19th July 2017 made in O.S.NO.9731/2014, decreeing the suit of the plaintiffs in- part and directing the defendant to quit and deliver the vacant possession of the suit schedule property to the plaintiffs within three months from the date of the order.
2. When the matter came up for admission before this Court on 22.11.2017, after arguing the matter for some time, Sri Sadashiva Reddy, learned Senior Counsel appearing for the appellant, on instructions from the instructing counsel submitted that if three days’ time is granted to vacate and deliver vacant possession of the property in question to the landlord, subject to refund of advance amount of `8,50,000/-, the appellant would file an affidavit of undertaking to that effect, for which Sri G.L.Vishwanath, learned counsel for the respondent/plaintiffs has no objection.
3. Accordingly, parties have filed compromise petition dated 06.12.2017 under Order XXIII Rule 3 r/w Section 151 of Code of Civil Procedure, duly signed by the appellant and advocate for appellant and respondent by GPA holder and the advocate for respondent, which reads as under:
“1. That the above appeal is filed against the judgment and decree dated 19.07.2017 in O.S.No. 9731/2014 passed by the learned VII Addl. City Civil and Sessions Judge, Bengaluru, (CCH No.19).
2. It is submitted that with the advice of well wishers, the parties to this appeal have agreed to settle the matter in terms of this compromise petition.
(a) I do hereby undertake that I will voluntarily vacate on or before 29.03.2018.
(b) The matter may be called on 02.04.2018 to enable the respondent through GPA holder to refund the advance amount of Rs.8,25,000/- (Rupees Eight lacs twenty five thousand only) to me and to enable me to hand over the key of the schedule premises to GPA Holder of the respondent.
(c) In other words, I will vacate possession by 29.03.2018 and the respondent/landlord will refund the advance amount on 02.04.2018.
(d) The balance advance amount of Rs.25,000/- retained by the respondent/ land lord shall be utilized towards any arrears of utilities such as water, electricity and maintenance charges. After adjustment of those utilities, if any, balance amount remaining will be refunded to me.
(e) I undertake not to seek any further extension of time on any ground whatsoever to vacate and handover vacant possession.
(f) I undertake to use the schedule premises for bonafide residential purpose and I will not sublet, underlet or otherwise party with possession of the schedule premises to any 3rd person.
(g) Accordingly the decree dated 19.07.2017 passed by the Trial Court in O.S.No.9731/2014 may be modified. The refund of advance amount to me will be subject to my vacating and delivering vacant possession of the schedule premises to the respondent/land lord on or before 29.03.2018.
3. This Compromise is entered into by both the parties out of their own free will and volition and not with force or compulsion from anybody.
WHEREFORE, it is prayed that the suit and counter claim be disposed in terms of this compromise petition in the interest of justice.
Sd/- Sd/-
Advocate for Appellant Appellant Sd/- Sd/-
Advocate for respondent Respondent (by GPA Holder) 4. In terms of the compromise petition, appellant undertakes to voluntarily vacate the premises on or before 29.03.2018 and the respondents landlord will refund the advance amount on 02.04.2018. The balance amount of `25,000/- retained by the respondent/landlord shall be utilized towards any arrears of utilities such as water, electricity and maintenance charges, after adjustment of those utilities, if any, balance amount remaining will be refunded to the appellant. The appellant also undertakes that he will not seek further extension of time on any ground whatsoever to vacate and handover vacant possession.
5. The compromise petition is taken on record. Learned counsel for both the parties and the signatories to the compromise petition are present before the Court. The appellant has also filed an affidavit of undertaking dated 06.12.2017, in consonance with the agreement made in the compromise petition. The affidavit is placed on record.
6. In view of the compromise petition entered into between the parties and the affidavit of undertaking filed by the appellant, the appeal is disposed of.
7. List this matter on 02.04.2018, only to hand over the key after receipt of advance amount of `8,25,000/-. Order for refund of Court Fee in terms of the provisions of the Karnataka Court - Fees and suits valuation Act, 1958, will be made on 02.04.2018.
Kcm Sd/-
Judge