IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE B.VEERAPPA RFA No.1713 OF 2017 BETWEEN 1.SRI R.B.SHESHADRI, SON OF LATE R.S.BHASHYAM IYENGAR, AGED ABOUT 55 YEARS, RESIDING AT NO.25, 33RD MAIN, 5TH CROSS, B.T.M. LAYOUT, 1ST PHASE, MADIWALA, BANGALORE-560 068 2.SAHAKAR CARS, A PARTNERSHIP FIRM, NO.952, 16TH MAIN, 2ND STAGE, BTM LAYOUT (MICO LAYOUT) BANGALORE REPRESENTED BY ITS PARTNER, SRI R B SHESHADRI, SON OF LATE R S BHASHYAM IYENGAR, AGED ABOUT 55 YEARS, ... APPELLANTS (By Sri : ASHWIN KUMAR M.S., ADVOCATE) AND SRI M.R.VENKATESH, SON OF SRI M P RANGASWAMY, AGED ABOUT 43 YEARS, RESIDING AT NO.971, 22ND MAIN, 4TH BLOCK, JAYANAGAR, BANGALORE-560 041 ... RESPONDENT (By Sri : RAJASHEKAR.S, ADVOCATE) THIS RFA IS FILED UNDER SEC.96 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED: 01.07.2017 PASSED IN OS.NO.4202/2014 ON THE FILE OF THE XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR ARREARS OF RENT AND DAMAGES.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This Regular First Appeal is filed by appellants/ defendant no.1 and 2(a) against the judgment and decree dated 01.07.2017 passed in O.S.No.4202/2014 on the file of XXV Addl.City Civil and Sessions Judge, Bangalore City decreeing the suit with costs and directing the appellants to quit and deliver the vacant possession of the suit schedule property to the plaintiff within four months from the date of judgment.
2. When the matter had come up for admission on 05.12.2017, Sri Ashwin Kumar, learned counsel for the appellants submitted that the appellants are ready to pay a sum of Rs.1,50,000/- as full and final settlement. Sri Rajashekar, learned counsel for the respondent had accepted the proposal and matter was listed today to file compromise petition. Accordingly, the counsel for both the parties have filed compromise petition under Order XXIII Rule 3, read with Section 151 of Civil Procedure Code. The petition is duly signed by appellant no.1 for himself and on behalf of appellant no.2, respondent and their respective counsel. The compromise petition is extracted as under:
Under Order XXIII Rule 3, read with Section 151 of the Code of Civil Procedure, the Parties named above submit as follows:
At the intervention of this Hon’ble Court, friends and well wishers of both sides, the parties have amicably settled the dispute and have filed the following compromise petition.
1. The above appeal arises out of the judgment and decree dated 1.7.2017 passed in O.S.4202/2014, decreeing the suit of the plaintiff/respondent, directing the defendants/appellants to quit and deliver possession of the suit schedule property.
2. The Respondent–landlord has already taken possession of the suit schedule property on 25.11.2017.
3. The Appellants have agreed to pay a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) only, by Demand Draft, to the respondent-Landlord, within a period of four weeks from this day, ie on or before 7.1.2018, towards the arrears of rent.
4. The respondent shall receive the said sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) only, in full and final settlement of all his claims, in O.S.4202/2014.
5. The respondent shall not make any claim towards damages or mesne profits against the appellants in future, in respect of suit schedule property, in OS No.4202/2014.
6. Both parties have no claims of whatsoever nature against one another.
7. The Court fee paid on the Appeal Memorandum may kindly be ordered to be refunded to the appellant.
8. The above appeal may be disposed of on the above terms. If terms of this petition is not complied, this appeal shall revive.
WHEREFORE, the parties named above humbly pray that this Hon’ble Court may be pleased to dispose of this appeal in terms of this compromise, in the interest of justice and equity.
Sd/- Sd/-
Appellant No.1 for himself and Respondent For Appellant No.2 Sd/- Sd/-
Advocate for Appellants Advocate for Respondent Bangalore Dated:7.12.2017.
3. In terms of the compromise entered into between the parties, this Regular First Appeal is disposed of. Office is directed to refund the court fee as contemplated under the provisions of Karnataka Court Fees and Suit Valuation Act.
Sd/- JUDGE DKB