Karnataka High Court
Smt Chitra Shankar vs Sri R Ravichandran on 4 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:43816
RFA No. 2145 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.2145 OF 2023 (EJE)
BETWEEN:
SMT CHITRA SHANKAR
W/O P.R. UMASHANKAR
AGED ABOUT 46 YEARS
RESIDENT OF NO.68/1, 1ST FLOOR
1ST CROSS, 1ST MAIN
KANAKAPURA MAIN ROAD
7TH BLOCK, JAYANAGAR
BENGALURU - 560 070.
...APPELLANT
(BY SRI. SURESH S. LOKRE, SENIOR COUNSEL FOR
SRI. SHRAVAN.S.LOKRE, ADVOCATE)
AND:
SRI R RAVICHANDRAN
S/O LATE RAMASWAMY MURTHYARALANDI PILLAI
AGED ABOUT 54 YEARS
Digitally R/O 68/1, 3RD FLOOR, KARIYAPPA ROAD, 1ST CROSS
signed by
VANDANA S KANAKAPURA ROAD
7TH BLOCK, JAYANAGAR
Location:
HIGH BENGALURU - 560 070.
COURT OF ...RESPONDENT
KARNATAKA (BY SRI.RAMESH M.N., ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 03.10.2023 PASSED IN
OS.NO.2080/2020 ON THE FILE OF THE LIX ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU CITY, PARTLY DECREEING
THE SUIT FOR EJECTMENT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:43816
RFA No. 2145 of 2023
JUDGMENT
This appeal by the defendant in O.S.No.2080/2020 is
directed against the impugned judgment and decree dated
03.10.2023 passed by the LIX Addl. City Civil & Sessions Judge,
Bengaluru City, whereby the said suit filed by the respondent -
plaintiff against the appellant - defendant for a direction to quit and
deliver vacant possession of the suit schedule property, for mesne
profits and other reliefs was partly decreed by the Trial Court in
favour of the respondent - plaintiff against appellant - defendant.
2. A Joint Memo of Settlement is filed by both sides
reporting amicable settlement. As per the terms and conditions of
the aforesaid Joint Memo, the appellant submits that he would
voluntarily quit and deliver vacant possession of the suit schedule
property to the respondent on or before expiry of a period of one
year from today. The said Joint Memo also states that the said
settlement would be without prejudice to the claim of
Rs.24,00,000/- by the appellant as against Smt. Indira
Sathyanarayana and also that appellant would not put-forth any
claim as against the respondent in respect of the said
Rs.24,00,000/-. The said Joint Memo reads as under:
NC: 2023:KHC:43816
" The Appellant states as follows:-
1. The Appellant submits that without Prejudice to her
claim for Rs.24,00,000/- (Rupees Twenty-Four Lakhs only) only
against the Respondent's predecessor Smt. INDIRA
SATHYANARAYANA, is willing to Vacate and Deliver the vacant
possession of the Schedule Property on or before the expiry of
'one Year' time from this Day.
2. The Respondent is agreeable for a modification of the
Decree passed in O.S.No.2080/2020, in terms of the above
statement made by the Appellant and this Hon'ble Court may be
pleased to grant One year time to the Appellant to vacate and
deliver the vacant possession of the Schedule Property.
3. The Appellant submits that she may be given the
'Liberty' to pursue her remedy for recovery of the Advance
Amount of Rs.24,00,000/- (Rupees Twenty-Four Lakhs only) in
accordance with law only as against Smt. Indira Sathyanarayana.
4. The Appellant and the Respondent pray that the
Decree in O.S.No.2080/2020 may kindly be modified in
accordance with the above Joint Memo and the Court Fee paid in
the above Appeal may kindly be ordered to be refunded to the
Appellant, in the above case in the interest of Justice and Equity.
WHEREFORE, the Appellant and Respondent pray for
necessary Orders in the above case in the interest of Justice and
Equity. "
3. Learned Senior Counsel for the appellant submits that
the appellant would clear all arrears of rent at the rate of
Rs.10,000/- per month to the respondent, till today and appellant
shall continue to pay future rent of Rs.10,000/- per month till she
NC: 2023:KHC:43816
vacates and hands over vacant possession of the suit schedule
property to the respondent.
4. Per contra, learned counsel for the respondent submits
that he does not have any objection to grant one year time to the
appellant to quit and deliver vacant possession of the suit schedule
property to the respondent. It is however submitted that the
appellant would necessarily have to clear all arrears of rent at the
rate of Rs.10,000/- per month and continue to pay the same till she
quits and hands over vacant possession of the suit schedule
property to the respondent. It is further submitted that since the
appellant has given up / abandoned all her claim, if any, in relation
to Rs.24,00,000/- as against the respondent herein, the appellant
would be entitled to proceed against Smt. Indira Sathyanarayana,
in this regard.
5. Learned Senior Counsel for the appellant and learned
counsel for the respondent jointly submits that the appellant has
already instituted the suit in O.S.No.25030/2020 against the
respondent herein and Smt. Indira Sathyanarayana, for injunction
and other reliefs in relation to the suit schedule property. It is
submitted that in view of the present settlement, the appellant has
NC: 2023:KHC:43816
to be reserved liberty to delete respondent herein, who is
defendant in the said suit but proceed against Smt. Indira
Sathyanarayana and seek amendment of the plaint in the said suit
putting forth all her claims against Smt. Indira Sathyanarayana
including Rs.24,00,000/- alleged to be due to the appellant from
Smt. Indira Sathyanarayana.
6. The said submission is placed on record.
7. Appeal is hereby disposed of in terms of Joint Memo of
Settlement. Impugned judgment and decree is modified in terms of
the Joint Memo of Settlement. Appellant is granted one year time
to quit and deliver vacant possession of the suit schedule property
to the respondent subject to clearing / paying all arrears of rent due
to the respondent at Rs.10,000/- per month and shall continue to
pay future rent till she vacates and hand over vacant possession of
the suit schedule property to the respondent.
8. Appellant is reserved liberty to delete the name of the
respondent from array of parties in O.S.No.25030/2020. Appellant
is also reserved liberty to continue the said suit as against
Smt.Indira Sathyanarayana and also amend the pleadings
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incorporating all claims / reliefs of recovery of Rs.24,00,000/- only
as against Smt. Indira Sathyanarayana and by abandoning / giving
up the claim of the appellant herein against the respondent herein
in respect of the said Rs.24,00,000/-
9. Registry of this Court 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 plaintiff on the plaint
to respondent - plaintiff immediately upon receipt of a copy of this
order.
Sd/-
JUDGE
SV
