IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1284 OF 2018 BETWEEN:
1. Sri K.S.Chethan S/o K.A.Sudhakar Aged about 46 years M/s Saravana Silks 282, 284 (Basement) New No.762, Ranga Complex Chickpet, Bengaluru-560 053 2. Saravana Silks Represented by Sri K.S.Chethan, 282, 284 (Basement) New No.762, Ranga Complex Chickpet, Bengaluru-560 053 (By Sri N.P.Kallesh Gowda, Advocate) AND:
Sri Venkateshwara Ranga Enclave Represented by its PArter Sri P.R.Ranganath No.283, 284/1, New No.762 OTC Road, Chickpet Bengaluru-560 053 (By Sri R.B.Sadasivappa, Advocate) …Appellants ... Respondent This RFA is filed under Section 96 of CPC, against the judgment and decree dated 26.04.2018 passed in O.S.No.6577/2014 on the file of the III Additional City Civil and Sessions Judge, Bengaluru City (CCH No.25), decreeing the suit for ejectment and arrears of rent.
This RFA coming on for reporting settlement this day, the Court made the following:
ORDER ON COMPROMISE PETITION The first appellant Sri K.S.Chethan is present along with his Advocate Sri N.P.Kallesh Gowda. He also represents appellant No.2 Saravana Silks. Respondent is represented by P.R.Ranganath, who is present today before the Court. Learned counsel Sri R.B.Sadasivappa, appearing for the respondent is also present.
2. The appellant No.1 and the respondent present a compromise petition under Order 23 Rule 3 of CPC. The compromise petition has been signed by the appellant No.1 K.S.Chethan and respondent’s representative Sri P.R.Ranganath. Learned Advocates have also signed this compromise petition. Contents of the compromise petition are read over and explained to the parties in Kannada language. They confirm the correctness of the contents of this compromise petition and also submit that they have entered into this compromise voluntarily without any kind of force or compulsion from anybody else.
3. The compromise shows that the respondent has given time till 01.05.2022 i.e., for a period of three years from 01.05.2019 to vacate the suit schedule property. The manner in which the appellants have to pay the rent to the respondent during this period of three years time is also mentioned in para 2 of the compromise petition. The appellants have deposited an amount of Rs.2,66,920/- before this Court and they have no objection for withdrawal of this amount by the respondent. Today the appellant issues a post dated cheque for Rs.14,16,704/- to the respondent in compliance of the terms of settlement. The same is accepted by the respondent. The terms of compromise are lawful and therefore it is accepted. Draw decree accordingly.
75% of the Court fee paid by the appellant shall be refunded to him.
Sd/- JUDGE KMV/-