Karnataka High Court
M/S Kanche Co Srinagar Silks vs Mr T N Umesh on 20 December, 2023
Author: V Srishananda
Bench: V Srishananda
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NC: 2023:KHC:46627
RFA No. 1820 of 2022
C/W RFA No. 1825 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 1820 OF 2022 (EJE)
C/W
REGULAR FIRST APPEAL NO. 1825 OF 2022
IN RFA 1820/2022
BETWEEN:
1. M/S. SHRINGAR CREATION
REPRESENTED BY ITS PARTNERS
MR. D. G. RAKESH
S/O. SRI. D. T. GOVERDHANSA,
AGED ABOUT 49 YEARS,
2. MR. D. G. RAM
S/O. SRI. D. T. GOVERDHANSA,
Digitally AGED ABOUT 45 YEARS,
signed by R
MANJUNATHA
Location: 3. MR. D. G. ARVIND
HIGH COURT
OF S/O. SRI. D. T. GOVERDHANSA,
KARNATAKA
AGED ABOUT 42 YEARS,
AT BASEMENT SHOP PREMISES,
BEARING MUNICIPAL No. 727,
SITUATED AT OTC ROAD,
CHICKPET, BANGALORE-560 053.
...APPELLANTS
(BY SRI. NAGENDRA A, ADVOCATE FOR
SRI. JANARDHANA G., ADVOCATE)
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RFA No. 1820 of 2022
C/W RFA No. 1825 of 2022
AND:
MR. T. N. UMESH
S/O. SRI. TALLAM N NANJUDA SETTY,
AGED ABOUT 68 YEARS,
RESIDING AT NO. 106,
SERPENTINE ROAD,
KUMARA PARK WEST,
BANGALORE-560 020.
...RESPONDENT
(BY SRI. SHREENIVASA G A., ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 11.10.2022 PASSED IN OS No.550/2019 ON THE FILE
OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR EJECTMENT.
IN RFA 1825/2022
BETWEEN
M/S KANCHE CO SRINAGAR SILKS
REPRESENTED BY ITS PARTNERS
1 . MR D T JAWAHARALAL
S/O LATE D G TUKARAMSA DHONDALE
AGED ABOUT 67 YEARS
2 . MR D J SUDHIR
S/O SRI D T JAWAHARALAL
AGED ABOUT 35 YEARS
R/AT NO.4 SUBRAMANYA LANE
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RFA No. 1820 of 2022
C/W RFA No. 1825 of 2022
AKKIPET CROSS
BANGALORE-560053.
...APPELLANTS
(BY SRI. NAGENDRA A, ADVOCATE FOR
SRI. JANARDHANA G., ADVOCATE)
AND
MR T N UMESH
S/O SRI TALLAM N NANJUDA SETTY
AGED ABOUT 68 YEARS
RESIDING AT NO.106
SERPENTINE ROAD
KUMARA PARK WEST
BANGALORE-560020.
.....RESPONDENT
(BY SRI. SHREENIVASA G A., ADVOCATE)
THIS RFA FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 11.10.2022 PASSED IN O.S No.549/2019 ON THE FILE
OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR EJECTMENT.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
M/s. Shringar Creation, a partnership firm, represented
by all the three partners, who are the appellants and Sri T.
Nagendra Koushik, Special Power of Attorney holder of Sri T.N.
Umesh - respondent, in RFA No.1820 of 2022 are present.
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2. M/s. Kanche Co. Sringar Silks, a partnership firm,
represented by its two partners, who are the appellants and Sri
T. Nagendra Koushik, Special Power of Attorney holder of Sri
T.N. Umesh - respondent, in RFA No.1825 of 2022 are present.
3. They present a compromise petition under order XXIII
Rule 3 of CPC signed by partners of appellants and Special
Power of Attorney holder of the respondent in both the cases.
4. Contents of the compromise petition is read over to the
parties and they agreed that the compromise petition depict
true terms of settlement and there is no force, undue influence
or coercion in reaching out the terms of the compromise.
5. Accordingly, there is no impediment for this Court to
accept the compromise petition and dispose of the appeals in
terms of the compromise petition.
Accordingly, following order is passed:
ORDER
(i) Both the appeals stand disposed of in terms of
the compromise petition.
(ii) Office is directed to pass a modified decree in
terms of the compromise petition, appending the
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copy of the compromise petition as part of the
decree.
(iii) Refund of permissible Court fee is allowed.
(iv) No order as to costs.
Sd/-
JUDGE
MR
