IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1618 OF 2018 C/W REGULAR FIRST APPEAL No.1859 OF 2018 In RFA No.1618/2018 BETWEEN:
Sri. V.A.Mani, S/o. Sri. Appu, Aged about 48 years, R/at No.103, 1st Main Road, 2nd Street, 3rd Cross, Okalipuram, Bengaluru-560021.
(By Sri. Sharath Kumar Shetty, Advocate) AND:
Sri. S.S.Govardhan, S/o. Sri. S.D.Shivaji, Aged about 66 years, R/at No.27G, 4th Cross, 60 feet Road, KEB Layout, Sanjaynagar, Bengaluru-560094.
…Appellant ... Respondent (By Sri. S.N.Prashanth Chandra, Advocate for C/R) This RFA is filed under Section 96 of CPC, against the judgment and decree dated 05.07.2018 passed in O.S.No.4429/2014 on the file of the XXV Additional City Civil and Sessions Judge, Bengaluru, partly decreeing the suit for ejectment.
In RFA No.1859/2018 BETWEEN:
Sri. S.S.Govardan, S/o. Sri. S.D.Shivaji, Aged about 66 years, R/at No.27G, 4th Cross, 60 feet Road, KEB Layout, Sanjaynagar, Bengaluru-560094.
(By Sri. S.N.Prashanth Chandra, Advocate) AND:
Sri. V.A.Mani, S/o. Sri. Appu, Aged about 48 years, R/at No.103, 1st Main Road, 2nd Street, 3rd Cross, Okalipuram, Bengaluru-560021.
…Appellant ... Respondent This RFA is filed under Section 96 of CPC, against the judgment and decree dated 05.07.2018 passed in O.S.No.4429/2014 on the file of the XXV Additional City Civil and Sessions Judge, Bengaluru, partly decreeing the suit for ejectment.
These appeals coming on for admission this day, the Court made the following:
ORDER In RFA No.1618/2018, the appellant V.A.Mani is present with his Advocate and the respondent Sri S.S.Govardhan is present with his Advocate.
2. The appellant and the respondent present a compromise petition under Order 23 Rule 3 of CPC. The compromise petition has been signed by the parties and their respective Advocates. The contents of the compromise petition are read over and explained to the parties in Kannada language. They confirm the correctness of the compromise petition and submit that they have entered into this compromise voluntarily. According to the compromise, the appellant Sri V.A.Mani has undertaken to hand over vacant possession of the schedule premises to the respondent on or before 30.07.2019. Respondent Sri S.S.Goverdhan concedes for dismissal of his appeal RFA No.1859/2018 in view of this compromise. Terms of the compromise are lawful and therefore it is accepted. Draw decree accordingly.
Refund 75% of the Court fee to the appellant in RFA No.1618/2018.
Having regard to the compromise recorded in RFA No.1618/2018 and what is stated in Clause (d) of the compromise petition, RFA No.1859/2018 is dismissed as not pressed.
Sd/- JUDGE KMV/-