IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR.JUSTICE H.P. SANDESH R.F.A.NO.188 OF 2012 BETWEEN:
SRI. SALEEM S/O. SYED HANAGI AGED ABOUT 40 YEARS R/AT NO.12/2-1 BEHIND MINERVA MILLS GOPALAPURAM MAGADI ROAD BANGALORE-23. ………APPELLANT (BY SRI: KALYAN R., ADV., ) AND:-
SRI. K. RAVI S/O. LATE KANDASWAMY AGED ABOUT 66 YEARS R/AT NO.5, 1ST CROSS BHASYAM NAGAR SRIRAMPURAM BANGALORE-21. RESPONDENT (BY SRI: C.N. KRISHNA REDDY, ADV. FOR C/R2) ****** THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.10.2011 PASSED IN O.S.NO.2848/2005 ON THE FILE OF THE XLIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR THE EJECTMENT.
THIS APPEAL IS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
J U D G M E N T Both the parties have filed a compromise petition under Order XXIII Rule 3 r/w 151 CPC. The contents of the compromise petition is read-over and explained to the parties and the parties admit the contents of the compromise petition. In terms of the compromise, the appellant undertakes to vacate and hand over the possession of the schedule property to the respondent on or before 28.02.2020. Respondent has refunded the security deposit of Rs.1,43,000/- to the appellant by way of cash.
In terms of the compromise petition, the appeal is disposed of. In view of disposal of the main matter, I.A.No.1/13 for production of additional evidence does not survive for consideration. Accordingly, it is disposed of.
Office is directed to draw the decree in terms of the compromise petition and refund the Court fee in accordance with law.
Sd/- JUDGE *mn/-