IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 13th DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD REGULAR FIRST APPEAL NO. 327 OF 2017 BETWEEN:
SMT. VIDYA HEGDE WIFE OF DR. ASHIT HEGDE, AGED ABOUT 57 YEARS, RESIDING AT RATHNA CO-OPERATIVE HOUSING SOCIETY, VEER SAVARKAR MARG, MAHIM, MUMBAI-400 016.
... APPELLANT (BY SRI. AMIT A. MANDGI, ADVCOATE) AND:
M/S. OYE RESTAURANT PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.525, 16TH MAIN, 3RD BLOCK, KORAMANGALA, BENGALURU-560 034 BY ITS MANAGING DIRECTOR, MR. UMESH MALHOTHRA .. RESPONDENT (BY SRI. SHISHIRA AMARNATH, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 18.11.2016 PASSED IN OS NO.5441 OF 2014 ON THE FILE OF THE XXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 23), DISMISSING THE SUIT FOR EJECTMENT, DAMAGES, MESNE PROFITS.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
ORDER A compromise petition is filed under Section 89 read with Order XXIII Rule 3 of Code of Civil Procedure. The same is signed by the appellant, respondent and their respective counsels. The parties are present in Court and are identified by their respective counsels.
2. In the interest of both the parties, the compromise petition is accepted. The impugned judgment and decree dated 18.11.2016 passed by the XXV Additional City Civil and Sessions Judge, Bengaluru, in O.S.No.5441 of 2014 is modified in terms of the compromise petition. The appeal is disposed off.
The office is directed to draw the decree accordingly.
A sum of `2,54,900/- has been paid towards deficit court fee on 16.2.2017. Hence, registry is directed to refund 75% of the said amount to the appellant.
SD/- SD/-
JUDGE JUDGE SA