Karnataka High Court
Mrs Beena Bhardwaj vs Col. Kulbhushan Kumar (Retd) on 1 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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RFA No. 428 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.428 OF 2017 (RES)
BETWEEN:
MRS BEENA BHARDWAJ
W/O MR ANIL KUMAR BHARDWAJ
AGED ABOUT 47 YEARS
R/A NO.1, 4TH A CROSS
KALYANANAGAR, 2ND BLOCK, HRBR LAYOUT
BANGALORE-560 043.
...APPELLANT
(BY SRI.K.S.HARISH, ADVOCATE)
AND:
1. COL. KULBHUSHAN KUMAR (RETD)
S/O LATE MR SURENDER NATH BHARDWAJ
AGED ABOUT 74 YEARS
2. DR. (MRS) RAJINI KUMAR
W/O COL.KULBHUSHAN KUMAR(RETD.)
AGED ABOUT 76 YEARS
Digitally RESPONDENT NOS.1 AND 2 R/AT NO.1,
signed by 4TH A CROSS, KALYANANAGAR,
VANDANA S 2ND BLOCK, HRBR LAYOUT
Location: BANGALORE-560 043.
HIGH
COURT OF 3. MR ANIL KUMAR BHARDWAJ
KARNATAKA
S/O COL. KULBHUSHAN KUMAR
AGED ABOUT 46 YEARS
R/A C/O MOTOR BAY AUTOMOTIVES
HORAMAVU VILLAGE,
NEXT TO SBT BANK
KALYANA NAGAR POST
BANGALORE-560 043.
...RESPONDENTS
(BY SRI. R. BHADRINATH, ADVOCATE FOR R-1 & R-2;
SRI. B.K. NARENDRA BABU, ADVOCATE FOR R-3)
-2-
NC: 2023:KHC:43422
RFA No. 428 of 2017
THIS RFA IS FILED UNDER SEC.96 READ WITH ORDER XLI OF
CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2016 PASSED
IN OS.NO.3370/2012 ON THE FILE OF THE III ADDL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU (CCH-25), DECREEING THE SUIT FOR
POSSESSION AND PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the impugned judgment and
decree dated 30.11.2016 passed in O.S.No.3370/2012 by the
III Addl. City Civil & Sessions Judge, Bengaluru City, whereby the
said suit filed by respondent Nos.1 and 2 - plaintiffs against the
appellant - defendant No.1 and respondent No.3 - defendant No.2,
for possession and permanent injunction was decreed by the Trial
Court and counter claim filed by the appellant - defendant No.1 for
permanent injunction was dismissed by the Trial Court.
2. The material on record discloses that appellant is the
wife of respondent No.3 and his parents are respondent Nos.1 and
2.
3. Appellant and respondents have filed Joint Memo of
settlement. The said Joint Memo of settlement reads as under:
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"The parties to the above appeal jointly submit as
under:
1. The Appellant along with her daughter
Ms.Methila Kumar Bhardwaj shall vacate and handover the
vacant possession of the Suit Schedule 'A' Property to the
Respondent No.1 and 2 on or before 15.08.2024, in terms of
the judgment and decree dated 30.11.2016 in
O.S.No.3370/2012.
2. The Respondent No.3 is due in a sum of
Rs.4,35,000 (Rupees Four Lakhs Thirty Five Thousand) to
the Appellant as on 30.11.2023 in terms of the Maintenance
Order dated 21.12.2013 passed by the Hon'ble District and
Sessions Court, Bangalore in Crl.A.No.25025/2014, as
confirmed by the Hon'ble High Court in Crl.R.P.No.9/2015
clubbed with Crl.R.P.No.10/2015 dated 26.03.2021. Towards
the discharge of the entire outstanding amount, the
Respondent No.3 has handed over the Cheque bearing
No.370929 dated 01.12.2023, drawn on State Bank of India,
Richards Town Branch, Bangalore for Rs.4,35,000 (Rupees
Four Lakhs Thirty Five Thousand) favoring the Appellant and
subject to realization, the Appellant hereby acknowledges the
receipt of the said amount.
3. The Respondent No.3 shall further continue to
pay the future maintenance amount directly into the
Appellant's Savings Bank Account No. 50100065779862 with
HDFC Bank, Kalyananagar Branch, Bangalore (IFSC
No.HDFC0000353).
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4. The above terms of settlement shall be subject
to the outcome of M.F.A.No.9717/2018 and the Appellant
shall be at liberty to agitate all her rights in accordance with
law.
WHEREFORE, it is prayed that this Hon'ble Court may
be pleased to decree the above Appeal as per the above joint
terms, in the interests of justice and equity."
4. The said Joint Memo of settlement has been duly
signed by the appellant as well as her counsel and by respondents
and also their counsels.
5. Appellant and respondent No.3 are physically present
before the Court and they admit that they have executed the Joint
Memo of settlement voluntarily. All parties have accepted the
terms and conditions of the Joint Memo of settlement and they are
identified by their respective counsel.
6. Being satisfied with the terms and conditions contained
in the Joint Memo of settlement, the appeal stands disposed of in
terms of the Joint Memo of settlement by modifying the impugned
judgment and decree passed by the Trial Court and substituting the
same with the terms and conditions of the said Joint Memo of
settlement. It is clarified that in the event the parties do not abide
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by the terms and conditions of this Joint Memo of settlement, the
parties are at liberty to execute the decree forthwith. Registry is
directed to draw up decree accordingly.
7. All rival contentions between appellant and respondent
No.3 in MFA No.9717/2018 are kept open and no opinion is
expressed on the same.
8. Having regard to fact that the parties are related to
each other, it is needless to state that they will maintain peace and
harmony in / near the suit schedule premises and will not create
any law and order problems.
9. Registry is directed to refund 100% Court fee (entire
court fee) paid by the appellant on the Memorandum of Appeal as
per amendment to Section 66 of the Karnataka Court Fees and
Suits Valuation (Amendment) Act, 2020, forthwith without any
delay.
10. So also, Registry of the Trial Court is directed to refund
100% Court fee (entire court fee) paid by the plaintiffs on the plaint
to respondent Nos.1 and 2 - plaintiffs immediately upon receipt of
copy of this order.
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11. Respondent No.3 has handed over a cheque for a sum
of Rs.4,35,000/- to the learned counsel for the appellant, who
acknowledges the receipt of the same.
Sd/-
JUDGE
SV
