Sri.Samiulla Sherrieff vs M/S. Adarsh Developers
2023 Latest Caselaw 10166 Kant

Karnataka High Court

Sri.Samiulla Sherrieff vs M/S. Adarsh Developers on 11 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                      NC: 2023:KHC:44876
                                                     RFA No. 316 of 2014




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 11TH DAY OF DECEMBER, 2023

                                        BEFORE

                        THE HON'BLE MR JUSTICE V SRISHANANDA

                     REGULAR FIRST APPEAL NO.316 OF 2014 (DEC/INJ)

              BETWEEN:

              SRI SAMIULLA SHERRIEFF
              S/O. LATE Y. MEHABOOB SHERRIEFF,
              AGED 63 YEARS,
              NO.385, AVENUE ROAD BANGALORE-2.
              NOW,
              R/AT NO.4, DURGAMMA TEMPLE STREET,
              KALASIPALAYAM,
              BANGALORE - 560 002.                      ... APPELLANT

              (BY SRI M.U. POONACHA & CHANNAKESHAVA MURTHY, ADVOCATES)

              AND:

              1.   M/S. ADARSH DEVELOPERS
                   A REGISTERED PARTNERSHIP FIRM,
                   REPRESENTED BY ITS PARTNERS,
                   1) JAI CHAND JAIN
                   2) ASHOK CHAND .J
Digitally
signed by R        HAVING ITS OFFICE AT:
MANJUNATHA
Location:          NO.41, CENTRAL STREET,
HIGH COURT         SANGEET THEATRE COMPLEX,
OF
KARNATAKA          BANGALORE - 560 001.

              2.   THE COMMISSIONER,
                   BANGALORE MAHANAGARA PALIKE,
                   CORPORATION BUILDING,
                   N.R. ROAD, BANGALORE - 560 002.

              3.   THE ENQUIRY OFFICER,
                   CITY SURVEY TEAM-2,
                   REVENUE SURVEY BUILDINGS,
                   K.R. CIRCLE,
                   BANGALORE - 560 002.                  ... RESPONDENTS
                                 -2-
                                             NC: 2023:KHC:44876
                                         RFA No. 316 of 2014




(BY SRI ADARSH GANGAL, ADVOCATE FOR R-1(1 & 2);
    SRI T. JAYAPRAKASH, ADVOCATE FOR R-2;
    R-3 - SERVED)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 07.12.2103 PASSED IN
O.S.NO.5428/2006 ON THE FILE OF THE IX-ADDL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR
DECLARATION AND INJUNCTION.

      THIS APPEAL COMING ON FOR REPORTING SETTLEMENT, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                          ORDER

Appellant and the representative of respondent No.1

are present. On behalf of respondent No.2, learned counsel,

Sri T.Jayaprakash is present.

2. Appellant and respondent No.1 presented

settlement agreement dated 11.12.2023, under Section 89

read with Section 151 of CPC.

3. The same is signed by the parties as well as their

respective counsel.

4. Respondent No.2 is a formal party to the appeal

and therefore, he has no objection for the appeal to be

disposed of in terms of the joint memo. On enquiry with the

parties, the parties submit that the settlement entered into,

by them is voluntary, there is no force or undue influence in

NC: 2023:KHC:44876

reaching out the terms of settlement. As such, there is no

impediment for this Court to accept the settlement

agreement and dispose of the appeal in terms of the

settlement agreement. A sum of Rs.6.00 (Rupees six lakh

only) as agreed in the settlement agreement is tendered to

Sri Samiulla Sheriff by M/s. Adarsh Developers by way of

demand draft bearing No.961789 dated 11.12.2023 and the

same is acknowledged by the said Samiulla Sheriff by signing

the order sheet. Hence, the following:

ORDER

(i) Appeal stands disposed of in terms of the settlement

agreement.

(ii) Registry is directed to pass a modified decree in terms

of the settlement agreement appending the copy of the

settlement agreement as part of the decree.

(iii) Permissible refund of Court fee is allowed.

No order as to costs.

Sd/-

JUDGE S*