IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.51654-51656/2017(GM-CPC) BETWEEN:
1. SRI M. ANAND, S/O B. MUNISWAMY AGED ABOUT 32 YEARS, R/AT NO.1298, B N AGRAHARA SHIVARAMPET, DEVARAJA MOHALLA MYSURU CITY-570021 2. SRI K SHANKAR S/O KALASAIAH AGED ABOUT 37 YEARS, R/AT NO.2147, 2ND CROSS, BASAVESHWARA ROAD, K. R. MOHALLA, MYSORE CITY-570021.
3. SMT. P. R. VEDAVATHI W/O P. SHIVASHANKAR AGED ABOUT 40 YEARS, R/AT NO.284, 2ND CROSS SHIVARAMPET, LAKSHMI VILAS ROAD DEVARAJA MOHALLA, MYSURU CITY-570021.
... PETITIONERS (BY SRI R.B. SATHYANARAYANA SINGH, ADVOCATE) AND:
1. SRI C. V. KASTHURI RANGA, S/O C R VISHWANATH AGED ABOUT 39 YEARS, R/AT NO.1077, NARASARAJA ROAD CHAMARAJAPURAM MYSORE CIT-570021 2. SMT. M. S. PRATHIMADEVI W/O LATE C. M. NAGARAJ AGED ABOUT 53 YEARS, R/AT NO.1143/73-F-8, S J H ROAD, 3RD CROSS, VIDYARANYAPURAM, MYSORE-570023.
3. SRI A. S. DIVAKARA, S/O LATE A. B. SRINIVASAMURTHY AGED ABOUT 43 YEARS, R/AT NO.176/A, 16TH CROSS, A BLOCK, J P NAGAR, MYSURU-570024.
(BY SRI K.V. NARASIMHAN, ADVOCATE FOR SRI SATHISH, ADVOCATE FOR R3;
... RESPONDENTS R1 IS DELETED VIDE ORDER DATED 22.01.2018; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 25.03.2019) … THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 1.8.2017 PASSED BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, MYSURU IN EXECUTION PETITION NO.953/2011 ON THREE APPLICATIONS VIDE ANNEXURE-D.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petitioners, who are applicants have filed these writ petitions against the order dated 1.8.2017 passed in Execution Petition No. 953/2011 on the file of the learned District and Sessions Judge, Mysuru dismissing the applications filed by them.
2. Today the learned Counsel for the parties have filed a compromise petition under the provisions of Order XXIII Rule 3 of the Code of Civil Procedure which reads as under:
MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908:-
The petitioners and 3rd respondent have settled the matter as under:-
1. The shop in the occupation of 1st petitioner is a portion of building bearing No.95, kaveri Road, 3rd Cross, ‘A’ Block, Bandipalya A.P.M.C. yard, (RMC Market Yard), Mysore-Nanjangud Road, Mysore, measuring East-West 27 feet and North-
South 12 ½ feet, described morefully in the schedule to this compromise petition and henceforth referred to as Schedule-A property and the 1st petitioner admits that the measurement mentioned in the writ petition as 35 feet East- west and North-South 13 ½ feet is incorrect. He has been inducted as tenant by the 2nd Respondent and he has paid a sum of Rs.6,00,000/- as advance to 2nd Respondent.
2. The shop in the occupation of 2nd petitioner is a portion of building bearing No.95, kaveri Road, 3rd cross, ‘A’ Block, Bandipalya A.P.M.C. yard (RMC Market Yard), Mysore-Nanjangud Road, Mysore, measuring East-West 22 feet and North- South 26 feet, described morefully in the schedule to this compromise petition and henceforth referred to as Schedule-B property and the 2nd petitioner admits that the measurement mentioned in the writ petition as 25 feet East- west and North-South 25 feet is incorrect. He has been inducted as tenant by the 2nd Respondent and he has paid a sum of Rs.1,50,000/- as advance to 2nd Respondent.
3. The shop in the occupation of 3rd petitioner is a portion of building bearing No.95, kaveri Road, 3rd cross, ‘A’ Block, Bandipalya A.P.M.C. yard (RMC Market Yard), Mysore-Nanjangud Road, Mysore, measuring East-West 27 feet and North-South 12.5 feet, described morefully in the schedule to this compromise petition and henceforth referred to as Schedule-C property and the 3rd petitioner admits that the measurement mentioned in the writ petition as 30 feet East-west and North- South 12 feet is incorrect. She has been inducted as tenant by the 2nd Respondent and she has paid a sum of Rs.5,00,000/- as advance to 2nd Respondent.
4. The Respondent No.3 being the auction purchaser of the properties in question has deposited a sum of Rs. 2,23,50,000/- before the executing Court Rs.1,11,75,000/- have been released in favour of Respondent No.1 and Rs.1,11,75,000/- is in deposit before the court below. After due negotiations, the petitioners and Respondent No.3 have settled the matter as under.
a) The petitioners have today vacated the shop premised in their occupation. They herewith hand over the key of the shop premises in their occupation and put 3rd respondent in physical possession of the shops in their occupation. The 3rd Respondent acknowledges the receipt of the key of the schedule shop premises and hereby takes its physical possession.
b) The petitioners are in arrears of rent since 1/1/2017. In view of the settlement arrived at by the parties, the 3rd Respondent today pays the following sums to the petitioners after deducting the arrears.
The petitioners acknowledge the receipt of said sum through Demand Draft in full and final satisfaction of all their claims against the 3rd Respondent. The details of the demand drafts vide which the payment is made is as under:
1. Demand Draft for a sum of Rs.5,34,000/- drawn on SBI Bank, Vidyaranyapura Branch, Mysore, dated 19.03.2019 bearing No. 539694 issued in favour of 1st petitioner by 3rd Respondent.
2. Demand Draft for a sum of Rs.1,02,600/- drawn on SBI Bank, Vidyaranyapura Branch, Mysore, dated 19.03.2019 bearing No. 539693 issued in favour of 2nd petitioner by 3rd Respondent.
3. Demand Draft for a sum of Rs.4,30,000/- drawn on SBI Bank, Vidyaranyapura Branch, Mysore, dated 19.03.2019 bearing No. 539692 issued in favour of 3rd petitioner by 3rd Respondent.
c) The 3rd Respondent shall be entitled to withdraw a sum of Rs.12,50,000/- from the money that he has deposited before the executing court.
d) The 3rd Respondent has filed suits in O.S. No. 217/2018, O.S.No. 216/2018 and O.S.
No.218/2018 against the petitioners herein respectively for ejectment etc.. on the file of the learned II additional Civil Judge, Mysuru. The petitioners and 3rd Respondent shall report the aforesaid compromise in the said suits i.e., O.S. No. 217/2018 and 218/2018 which are set down for framing issues and O.S. No. 216/2018 set down for arguments, and get the same disposed accordingly by next date of hearing. The original documents concerning the lease deed, electricity bill receipts etc., Shall be handed over on the said days by the petitioners to the 3rd Respondent.
WHEREFORE, it is most respectfully prayed that this Hon’ble Court be pleased to record this compromise and dispose of the above petition by directing the executing court i.e., the court of the Principal District Judge, at mysuru in Ex. Petition No. 953/2011 to release a sum of Rs.12,50,000/- from out of the sale (bid) consideration amount in deposit in the said case, from the shared amount of Rs.1,11,75,000/- to the 3rd Respondent which is in deposit before the executing court, in the interest of justice and equity.
SCHEDULE-A All that piece and parcel of the shop premises forming portion of building bearing No.95, Kaveri Road, 3rd Cross ‘A’ Block, Bandipalya A.P.M.C. yard (RMC Market Yard), Mysore-Nanjangud Road, Mysore, measuring East-West 27 feet and North-South 12.5 feet and bounded on:
East by : 3rd Cross Road, West by : B-Schedule Property, North by : C-Schedule Property, South by : Building of K.V. Venugopal Setty SCHEDULE-B All that piece and parcel of the shop premises forming portion of building bearing No.95, Kaveri Road, 3rd Cross ‘A’ Block, Bandipalya A.P.M.C. yard (RMC Market Yard), Mysore-Nanjangud Road, Mysore, measuring East-West 22 feet and North-South 26 feet and bounded on:
East by : A-Schedule Property, West by : Shop premised in occupation of M/S Vinayakara Traders North by : Building of S.M. Rudrappa & Sons South by : Building of K.V. Venugopal Setty SCHEDULE-C All that piece and parcel of the shop premises forming portion of building bearing No.95, Kaveri Road, 3rd Cross ‘A’ Block, Bandipalya A.P.M.C. yard (RMC Market Yard), Mysore-Nanjangud Road, Mysore, measuring East-West 27 feet and North-South 12.5 feet and bounded on:
East by : 3rd Cross Road, West by : B-Schedule Property, North by : Property of Rudrappa and Sons South by : A- Schedule Property Sd/- Sd/-
Advocate for Petitioners Petitioner No.1 Sd/- Petitioner No.2 Sd/- Petitioner No.3 Sd/-
Advocate for Respondent No. 3 Sd/- Respondent No.3 Bangalore.
Date: 25.03.2019 3. In terms of the compromise petition, the petitioners are in arrears of rent since 1.1.2017 and in view of the settlement arrived at by the parties, the 3rd respondent today has paid an advance amount after deducting the arrears of rent as damages as under:
i) in favour of 1st petitioner –M. Anand a sum of `5,34,000/- after deducting `66,000/- out of advance amount of `6,00,000/-; through Demand Draft bearing No.539694 dated 19.3.2019 drawn on SBI Bank, Vidyaranyapura Branch, Mysore;
ii) in favour of 2nd petitioner - K. Shankar a sum of `1,02,600/- after deducting `47,400/- out of advance amount of `1,50,000/-; through Demand Draft bearing No.539693 dated 19.3.2019 drawn on SBI Bank, Vidyaranyapura Branch, Mysore;
iii) in favour of 3rd petitioner – P.R. Vedavathi a sum of `4,30,000/- after deducting `70,000/- out of advance amount of `5,00,000/-; through Demand Draft bearing No.539692 dated 19.3.2019 drawn on SBI Bank, Vidyaranyapura Branch, Mysore;
4. The parties have duly signed the compromise petition in presence of the respective Counsel and the respective Counsel has also signed in favour of their respective parties. The petitioners have received the above said amount in full and final settlement of their claims against the 3rd respondent.
5. The 3rd respondent is entitled to withdraw a sum of `12,50,000/- out of the amount which has been deposited by him before the Executing Court. It is also stated that the petitioners will hand over the keys of the suit schedule properties to the 3rd respondent after receipt of the Demand Drafts stated supra. The said memo is placed on record.
6. When the Court made query to the petitioners and the 3rd respondent, who are present before the Court, they submit that they have voluntarily agreed to the terms of compromise petition without any coercion.
7. In view of the above, writ petitions are disposed of in terms of the compromise petition.
Sd/- Judge Nsu/-