Karnataka High Court
Smt. Kusuma vs Sri. V. Kiran on 3 January, 2022
Bench: M.G.S. Kamal
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3rd DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR.JUSTICE M G S KAMAL
REGULAR FIRST APPEAL NO.1527/2019
BETWEEN:
SMT KUSUMA
.....SINCE DECEASED BY HER LRs
(1a) SRI B S SURESH
W/O B SHANKAR RAO
AGED ABOUT 52 YEARS
(1b) SRI GANESH S
S/O B SHANKAR RAO
BOTH ARE R/AT NO.165
10TH CROSS, 3RD MAIN,
RMV II STAGE,
BENGALURU - 560 005. ..APPELLANTS
(BY SRI N SAVANUR, ADV.)
AND:
SRI V KIRAN
AGED ABOUT 41 YEARS
S/O VENUGOPAL REDDY
R/AT NO.1140, 17TH CROSS
SECTOR-7, HSR LAYOUT
BENGALURU - 560 102. ..RESPONDENT
(BY SRI V B SHIVAKUMAR, ADV. FOR C/RESPDT)
THIS APPEAL IS FILED UNDER SECTION 96 OF THE
CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AN
2
DECREE DATED 07.06.2019 PASSED IN O.S.
NO.6629/2016 ON THE FILE OF THE III ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY
DECREEING THE SUIT FOR EJECTMENT, POSSESSION AND
MESNE PROFITS.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the
appellant/defendant aggrieved by the judgment and
decree dated 07.06.2019 passed in O.S.No.6629/2016 on
the file of the III Additional City Civil and Sessions Judge,
Bengaluru (CCH No.25) in and, by which the appellant/
defendant was directed to handover vacant possession of
the ground floor of the suit schedule property within 60
days from the date of judgment failing which to pay mesne
profits @ Rs.10,000/- per month from 07.06.2019 till
recovery of possession.
2. Learned counsel for the appellants and
respondent submitted that parties have entered into
compromise in terms of which the appellants herein have
handed over the vacant physical possession of the ground
floor of the premises to the respondent/plaintiff. It is
further submitted that original appellant/defendant herein
had deposited Rs.1,40,000/- in terms of the interim order
dated 24.07.2019.
3. In furtherance to the amicable resolution of the
matter between the appellants and the respondent, a
memorandum of compromise petition dated 23.12.2021 is
filed which records the terms as under:
MEMORANDUM OF COMPROMISE
PETITION UNDER ORDER XXIII RULE 3 OF
THE CODE OF CIVIL PROCEDURE
The appellant by her Legal
Representative and Respondent in the above
case beg to submit as follows:
1. The Appellant by her Legal
Representatives and the Respondent have at
the intervention of well-wishers and advisers
have mediated and settled the inter-se
disputes between themselves.
2. The Respondent has filed
OS.No.6629/2016 on the City Civil Judge,
CCH-25 for recovery of arrears of rent and also
for ejectment/possession of the property. Smt
Kusuma aggrieved by the judgment and decree
passed in O.S.No.6629/2016 as against which
the above appeal in RFA No.1527/2019 came
to be filed.
3. The Legal representatives of the
Appellant has recognised the right, title and
interest of Respondent V.Kiran having
purchased under the registered sale deed
executed in his favour by Sri A V Srinivasan.
4. The Appellant by her legal
representative has agreed accepted to quit,
vacate and deliver vacant possession of the
schedule property.
5. The Appellant by her Legal
Representative has set forth the following
terms and conditions to put an end to the
litigation.
(a) The Respondent has agreed accepted to
pay to the Legal Representatives an
amount of Rs.8,00,000/- (Rupees eight
Lakhs) being the interest free refundable
deposit amount and has handed over the
following cheques.
(i) Demand Draft dated 14.09.2021
in bearing No.108240 drawn at
Union Bank of India, HSR
Layout Branch, Bengaluru for a
sum of Rs.8,00,000/- (Rupees
Eight Lakhs only).
(b) The Legal Representatives of Appellant
and Respondent confirms that there are
no arrears of rent and not demanding
any claims in regard to the property and
its damages and in full and final
settlement acceptance possession of the
schedule property.
(c) The Legal Representatives of the
Appellant have agreed to withdraw the
above appeal by securing appropriate
orders.
WHEREFORE, Legal Representatives of the
Appellant and Respondent prays that this
Hon'ble Court may be pleased to dispose of the
above Appeal in terms of Compromise Petition
referred to above, in the interest of justice.
4. Learned counsel for the parties identify the
signatures of the parties to the compromise petition. The
same is taken on record. Both the counsel submit that
the possession has been delivered to the
respondent/plaintiff in terms of the compromise and there
is no due or any claim against each other on any count
what-so-ever. And that amount of Rs.1,40,000/-
deposited by the appellants be returned to Mr. B S
Suresh - appellant No.1(a). Hence, the following:
ORDER
(i) Appeal is disposed of in terms of the
compromise.
(ii) Deposit of Rs.1,40,000/- made in terms
of the interim order be released in the
name of Mr. B S Suresh - Appellant
No.1(a).
(iii) Registry to refund the admissible court
fee.
Sd/-
JUDGE
brn
