Karnataka High Court
Smt Ratna K Kakade vs B Dilip on 23 June, 2022
Bench: G.Narendar, P.N.Desai
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2022
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON'BLE MR. JUSTICE P.N.DESAI
REGULAR FIRST APPEAL NO.1898/2016
BETWEEN:
SMT RATNA K KAKADE
W/O KRISHNA RAO KAKADE,
HINDU, AGED ABOUT 82 YEARS,
RESIDING IN OUT HOUSE NO.F-1147,
V BLOCK, 18TH 'B' MAIN ROAD,
RAJAJINAGAR, BANGALORE-560010.
DEAD BY LR'S
1. DINESH K. KAKADE,
AGED 62 YEARS,
2. UMESH K.KAKADE,
AGED 59 YEARS
BOTH SONS OF
SMT. RATNA K.KAKADE
BOTH RESIDING AT:
OUT HOUSE NO.F-1147,
V BLOCK, 18TH MAIN ROAD,
RAJAJINAGAR, BANGALORE-560 010.
... APPELLANTS
(BY SRI M.S.RAJENDRA PRASAD, SENIOR COUNSEL FOR
SRI JAYANTH RAO SINDHE, ADV.)
(AMENDED VIDE ORDERS OF THE HON'BLE COURT
DATED 30-03-2022.)
2
AND:
1. B DILIP
S/O LATE B MADHAVA RAO BONDADE,
AGED ABOUT 67 YEARS,
BUSINESSMAN, D.NO.553/1,
5TH MAIN, P.J.EXTENSION,
DAVANAGERE-577022.
2. B M RAJASHEKAR
S/O LATE B MADAVA RAO BONDADE,
AGED ABOUT 67 YEARS,
BUSINESSMAN, D.NO.553/1,
5TH MAIN, P.J.EXTENSION,
DAVANAGERE-577002.
3. B M SHANTHINATH
S/O LATE B MADHAVA RAO BONDADE,
AGED ABOUT 71 YEARS,
BUSINESSMAN, D.NO.3365/C,
& D.M.C.C. 'B' BLOCK,
NEAR SUKSHEMA HOSPITAL,
DAVANAGERE-577004.
... RESPONDENTS
(BY SRI M.S.VARADARAJAN, ADV. FOR C/R-1 TO R3)
THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.10.2016
PASSED IN OS NO.9003/2011 ON THE FILE OF THE XII ADDL.
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO.27),
PARTLY DECREEING THE SUIT FOR POSSESSION AND DAMAGES.
THIS REGULAR FIRST APPEAL COMING ON FOR "ORDERS"
THIS DAY, G.NARENDAR J, DELIVERED THE FOLLOWING:
3
JUDGMENT
Heard Sri M.S. Rajendra Prasad, learned senior
counsel on behalf of the appellants and the learned counsel
Sri M.S. Varadarajan on behalf of Caveators/respondents.
2. The matter was referred to the mediation and in
the course of mediation, the parties have amicably settled
the dispute and the Memorandum of Settlement under
Section 89 of the Civil Procedure Code is drawn, which
reads as under:-
"MEMORANDUM OF SETTLEMENT UNDER SECTION
89 OF CPC READ WITH RULES 24 AND 25 OF THE
KARNATAKA CIVIL PROCEDURE (MEDIATION)
RULES, 2005
I. The appellant have filed the above Appeal
against the respondents against the judgment
and decree dated 01.10.2016 passed in
O.S.No.9003/2011 on the file of the XII Addl.
City Civil and Sessions Judge, Bengaluru, to
set aside the said Order and dismiss the suit
with cost.
The Original plaintiff (father of the respondents
herein) and the appellant are natural brother
and sister. The Original plaintiff filed
O.S.No.6260/1992 before the Trial Court for
declaration and for recovery of possession of
the suit schedule property.
The defendants are seeking altogether a
different relief in the appeal seeking eviction
and physical possession of the suit schedule
property.
II. The aforesaid appeal was referred to mediation
for resolving the dispute between the parties.
In the course of mediation, LRs. of the
appellant and the respondents along with their
respective counsels were present, they have
resolved their dispute and have agreed to the
following terms and conditions:-
1. The Respondents are the absolute owners of
the suit schedule property which the appellants
agree to and the appellants are in possession
of the suit schedule property for a long period.
The Respondents has agreed to pay a certain
amount to the appellants and take over the
vacant possession of the schedule property
under their custody.
2. The Respondents have agreed to pay an
amount of Rs.12,00,000/- (Rupees Twelve
Lakhs Only) to the appellants towards their
claims in full and final settlement, to which the
appellants have agreed. The above said
amount will be paid through two demand draft
before the Hon'ble High Court at the time of
reporting this settlement.
3. It is agreed between the parties that the DD.
for Rs.6,00,000/- (Rupees Six Lakhs Only) will
be drawn in the name of Mr. Dinesh K. Kakade
and another DD. for Rs. 6,00,000/- (Rupees
Six Lakhs Only) will be drawn in the name of
Mr. Umesh Kakade. Both the DD.'s will be
handed over and the appellants agreed to hand
over the key of the scheduled property and the
vacant possession of the schedule property to
the Respondents, before the Hon'ble High
Court of Karnataka at the time of reporting
settlement.
4. The appellants pray the Court Fee of Rs.
1,56,125/- (Rupees One Lakh Fifty Six
Thousand one Hundred Twenty Five Only)
deposited by them also may be pleased
returned to them in view of this agreement.
III. In view of the aforesaid agreement entered
into between the parties, the parties pray that
this Hon'ble Court to pass the appropriate
order in terms of this agreement.
IV. Parties will appear before the Hon'ble Court as
per the directions of the counsels for passing
appropriate orders in terms of the agreement.
1. Sd/- 1. Sd/-
2. Sd/- 2. Sd/-
3. Sd/-
Appellants Respondents
Sd/- Sd/-
Advocate for Advocate for
Appellants Respondents
VERIFICATION
We, the parties above named do hereby
solemnly state and declare that what is contained in
paragraphs I to V are true to the best of our
knowledge, belief and information.
1. Sd/- 1. Sd/-
2. Sd/- 2. Sd/-
3. Sd/-
Appellants Respondents
Place: Bengaluru
Dated: 16.06.2022"
3. Today, the Learned counsel for the respondents
Sri Varadarajan hands over two demand drafts bearing
Nos.915804 & 915805 both dated 21.06.2022, drawn on
Indian Bank in favour of the two appellants respectively for
a sum of Rs.6,00,000/- (Rupees Six Lakhs only) each. The
appellants' counsel in view of the demand drafts received
today, hands over the bunch of keys to the respondents and
the same is received by the respondents. The respondent
No.2 is present before the Court and he admits that the
premises has been vacated and have handed over the
possession and they have accepted the keys of the vacated
premises.
4. In that view of the matter, the settlement is in
accordance with law and is not vitiated. The mediation
report is accepted and is accordingly placed on record. The
appeal is disposed of and stands ordered in terms of the
settlement entered into and executed before the Bangalore
Mediation Centre and reported before this Court.
Office to draw-up a decree accordingly.
The Registry shall examine and refund the permissible
court fee.
Sd/-
JUDGE
Sd/-
JUDGE
Chs
CT-HR
