M/S Mysore Plywood Suppliers vs Sri R Ramesh
2022 Latest Caselaw 9600 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24TH DAY OF JUNE, 2022

                       BEFORE

       THE HON'BLE MS. JUSTICE JYOTI MULIMANI

      CIVIL REVISION PETITION NO.91 OF 2019

BETWEEN:

M/S. MYSORE PLYWOOD SUPPLIERS
NO.117, KILARI ROAD,
BENGALURU - 560053.
REPRESENTED BY ITS PARTNER
SRI C.SUMERMUL
(IT IS SUBMITTED THAT THE PARTNERSHIP
BUSINESS CONCERN HAS BEEN DISSOLVED
M/S. MYSORE PLYWOOD SUPPLIERS IS A
PROPRIETARY BUSINESS CONCERN AS THAT OF
PROPRIETRIX, SMT. LALITHA UPON DISSOLUTION)
                                         ...PETITIONER

(BY SRI.V.B.SHIVA KUMAR, ADVOCATE)

AND

SRI R. RAMESH
AGED ABOUT 65 YEARS
S/O LATE D.RANGAIAH
NO.1, 19TH CROSS,
KILARI MAIN ROAD,
BENGALURU - 560 053.                   ...RESPONDENT

(BY SRI.MOHAMED RIZWAN AHAMED, ADVOCATE FOR C/R;
    SRI.K.L.SHREENEVASA, ADVOCATE [NOC JOINT VK])

     THIS CRP IS FILED UNDER SECTION 18 OF KARNATAKA
SMALL CAUSES COURT ACT.

     THIS CRP COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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                          ORDER

Sri.V.B.Shiva kumar, learned counsel for the

petitioner and Sri.K.L.Srinivasa, learned counsel for

respondent have appeared in person.

2. Learned counsel for respective parties

submits that the parties have arrived at a settlement

and Compromise Petition under Order XXIII Rule 3 of

CPC R/w Rule 33 of the Karnataka Rent Rules, 2001 has

been filed.

It is noted that the Civil Revision Petition is filed

as against the judgment and decree dated:21.12.2018

passed by the Small Causes Judge, Bengaluru (SCCH-4)

in S.C.No1293/2016.

3. Learned counsel for respective parties

submits that the Smt.Lalitha - Proprietor, Mysore

Plywood Suppliers - petitioner and Sri.R.Ramesh -

respondent are present before the Court. They have

been identified by their respective counsel.

Counsel jointly submits that the Compromise

Petition may be taken on record and Civil Revision Petition

may be disposed off in terms of the same.

4. When queried by this Court, the parties have

stated that they have indeed settled their dispute and

the Civil Revision Petition may be disposed off in terms

of Compromise Petition. They further state that they

have arrived at settlement on their own free volition

without there being any coercion or undue influence

from any side.

5. The Compromise Petition is taken on record

and perused the same.

It is noted that the same is signed by Smt.Lalitha

- Proprietor, Mysore Plywood Suppliers - petitioner and

Sri.R.Ramesh - respondent. The same reads as under:

"THE COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE R/W RULE 33 OF THE KARNATAKA RENT RULES 2001

The parties in the above revision petition submit as follows:

1. That, Petitioner has filed the above Civil Revision Petition being aggrieved of the Judgment and Decree dated:21.12.2018 passed by Hon'ble Small Causes Judge, Bengaluru (SCCH-4) by which it is directed the petitioner to vacate and hand over the physical possession of the petition schedule premises to the respondent within two months from the date of said Judgment and Decree.

2. That, at the intervention of common friends and well-wishers of the parties to the above revision petition, the dispute involved in the above revision has been resolved and settled among themselves on the following terms of the Compromise:

a) That, Sri.R.Ramesh/ Respondent has agreed to grant time for the petitioner to vacate and deliver physical vacant possession of the petition schedule premises till 31.12.2023 and that petitioner agreed for the said extension of time and volunteered to vacate the petition schedule premises on or before 31.12.2023 without seeking further extension of time.

b) That, the Respondent undertakes to pay monthly rentals at the rate of Rs.2,800/- per month from April 2022 regularly without any default till 31.12.2023.

c) That, Respondent has agreed to repay the refundable security deposit of Rs.1,00,000/- paid on 17.07.1991 to the Petitioner as against the delivery of possession of petition schedule premises to him.

d) Petitioner agreed that he will not sub-let or under-let or create third party interest in the schedule premises and voluntarily vacate the schedule premises on or before 31.12.2023 and hand over the schedule premises with tenantable condition.

             e)         That in view of the above said
     compromise             petition,        the       suit      in
     O.S.No.4472/2016             filed    by   the    petitioner

against respondent for specific performance pending on the file of the Addl. City Civil Judge, Bengaluru has become infructuous and petitioner undertakes to withdraw the above said suit.

WHEREFORE the parties to this petition pray this Hon'ble Court to pass suitable orders in terms of this Compromise Petition in the interest of justice and Equity."

On perusal of the same, this Court finds that the

settlement is lawful and there is no legal impediment to

accept the same.

In the circumstances, the judgment and decree

dated:21.12.2018 passed by the Court of Small Causes

at Bengaluru (SCCH-4) in S.C.No.1293/2016 is

substituted by the terms of compromise arrived at

between the parties and accordingly the decree is

modified.

6. Accordingly, the Civil Revision Petition is

disposed off in terms of the Compromise Petition.

Sd/-

JUDGE

GVP