Karnataka High Court
Sri Babu Das Vgp vs Sri Ramesh K N on 1 December, 2023
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2023:KHC:43583-DB
RFA No. 1214 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 1214 OF 2019 (EJE)
BETWEEN:
SRI BABU DAS VGP
S/O V.G. PANEER DAS
AGED ABOUT 51 YEARS
MANAGING DIRECTOR
PNB TECHWAVES PVT LTD.
HAVING REGISTERED OFFICE AT:
NO.7/4, RAJAMMAL NILAYAM
BARODA STREET EXTENSION
WEST MAMBALAM, CHENAI 600 033
AND ALSO AT: NO.598, 15TH CROSS
35TH MAIN, J.P. NAGAR
BANGALORE 570 058 ...APPELLANT
(BY SRI. CHETHAN B. R., ADV. FOR
SRI. SHIVAKUMAR N., ADV.)
AND:
Digitally signed by
MALA K N SRI RAMESH K N
Location: HIGH COURT S/O LATE NARAPPA REDDY
OF KARNATAKA AGED ABOUT 53 YEARS
R/AT NO.B-2, 1ST MAIN
KEB LAYOUT, BANNERGHATTA ROAD
BANGALORE 560 029 ...RESPONDENT
(BY SRI.HARISH H.V., ADV.)
THIS RFA IS FILED UNDER SEC.96 OF CPC., 1908
AGAINST THE ORDER DATED 18.01.2019 PASSED IN
FDP.NO.148/2013 ON THE FILE OF THE X ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY
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RFA No. 1214 of 2019
ALLOWING THE PETITION FILED UNDER ORDER XX RULE 12
READ WITH SECTION 151 OF CPC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 96 of Code of Civil
Procedure, 1908 is filed by the respondent in
FDP No.148/2013 challenging the order dated
January 18, 2019 passed by the X Additional City
Civil and Sessions Judge, Bengaluru.
2. A suit for eviction was filed by the
respondent herein in OS No.348/2011. The suit has
been decreed and FDP No.148/2013 was initiated,
wherein mesne profit of Rs.40,80,000/- has been
determined by the learned Judge. Feeling
aggrieved, the respondent in the FDP Court is before
this Court.
3. Heard Shri B.R. Chethan, learned Advocate
for the appellant and Shri H.V. Harish, learned
Advocate for the respondent.
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4. Shri Manigandan, SPA Holder of the
appellant and Shri K.N. Ramesh, respondent are
present and they are identified by their respective
advocates.
5. Learned advocates on both sides jointly
submit that during the pendency of this appeal,
parties have amicably resolved the dispute.
A compromise petition under Order XXIII Rule 3 of
read with Section 89 of CPC duly signed by the
appellant, the respondent and their respective
advocates has been filed. Parties submit that they
have understood the terms of the compromise. They
pray that this appeal may be disposed of in terms of
settlement stated in the compromise petition.
6. The terms of compromise reads as follows:
"JOINT MEMO OF SETTLEMENT
The Appellant and Respondent respectfully submits
as follows:
1. The Appellant has filed this appeal against the
order dated 18.01.2019 passed in
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FDP.No.148/2013 on the file of th Addl. City Civil &
Sessions Judge at Bengaluru (CCH-26). The said
appeal came up for hearing before this Hon'ble
Court on 30.10.2023, the said matter was heard at
length and thereafter the appellant had
undertaken to pay the damages of Rs.40,80,000/-
as awarded by the trial court in two instalments
before this Hon'ble Court.
2. The Appellant has deposited Rs.20,00,000/-
(Twenty Lakhs) on 08.11.2023 before this Hon'ble
Court vide Demand Draft No. 505604 dated
07.11.2023 out of Rs.40,80,000/- as undertaken
before this Hon'ble Court, and in further appellant
undertakes that remaining amount of
Rs.20,80,000/- will be deposited before this
Hon'ble Court within two months there from i.e.,
on or before 15.01.2024 or paid to Respondent.
3. The Respondent / Plaintiff has agreed to receive
the interest part @ 7% in place of 15% per annum
as directed by trial court. And Appellant has
undertaken to deposit the interest amount @ 7%
at Rs.13,80,400/- (Thirteen Lakhs Eighty
Thousand and Four Hundred only) before this
Hon'ble Court on or before 15.02.2024 or paid to
Respondent, without driving the Respondent /
plaintiff to seek execution. The Respondent has
also agreed to receive the amount mentioned
herein above as full and final settlement. The
appellant has agreed to pay Rs.1,11,235/- cost
imposed in OS No.348/2011, on or before
15.04.2024.
4. TheRespondent undertaken that he has no
dispute whatsoever against the appellant whether
past, present or in future except to receive the
amount mentioned herein above in respect of the
subject matter (OS.No. 348/2011 and FDP.No.
148/2013 on the file of Xth Addl. City Civil &
Sessions Judge at Bengaluru (CCH-26) in this
appeal as full and final settlement.
5. In respect of the full and final settlement
entered herein, the respondent has agreed to
withdraw the Ex. Pet.No.4239/2019 and Ex.Pet.
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No. 4240/2019 pending on the file of Xth Addl.
City Civil & Sessions Judge at Bengaluru (CCH-26).
6. The Appellant has no objection to
withdraw/release the entire court fee paid in this
appeal in favour of the Respondent/Plaintiff.
WHEREFORE, this Hon'ble Court may be
please to dispose the above Appeal in terms of this
Joint Memo of Settlement in the interest of justice
and equity."
7. In our opinion, compromise arrived between
the parties is lawful and hence accepted. Order
dated January 18, 2019 in
FDP No.148/2013 passed by the X Additional City
Civil and Sessions Judge, Bengaluru shall stand
modified in terms of compromise arrived between
the parties and this appeal is accordingly
disposed of.
8. As agreed between the parties, court fee
shall be refunded to the respondent, in accordance
with law. Decree shall be drawn accordingly. Parties
shall bear their own costs.
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9. In view of disposal of this appeal, pending
interlocutory applications, if any, do not survive for
consideration and they stand disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
PA
CT:HS
