Karnataka High Court
Sri Shankar S vs Smt Selvi on 5 December, 2023
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2023:KHC:43896-DB
RFA No. 2021 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH 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. 2021 OF 2023 (DEC/POS)
BETWEEN:
SRI. SHANKAR .S
S/O M. SUBRAMANYAM
AGED ABOUT 48 YEARS
Digitally signed
by ANUSHA V RESIDING AT NO. 152/32
Location: HIGH 5TH MAIN ROAD, 8TH A CROSS
COURT OF GANESHA BLOCK
KARNATAKA MAHALAKSHMI PURAM
NANDINI LAYOUT
BANGALORE-560 096. ...APPELLANT
(BY SHRI. J.M. RAJANNA SETTY, ADVOCATE)
AND:
SMT. SELVI
W/O PRABHAKAR
AGED ABOUT 54 YEARS
RESIDING AT NO.34
1ST FLOOR, 3RD MAIN ROAD
8TH CROSS, GANESHA BLOCK
MAHALAKSHMI PURAM
NANDINI LAYOUT
BANGALORE-560 096. ...RESPONDENT
(BY SHRI. S. THYAGARAJA, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 16.11.2022 PASSED IN OS
NO. 521/2017 ON THE FILE OF THE X ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR
DECLARATION AND POSSESSION.
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NC: 2023:KHC:43896-DB
RFA No. 2021 of 2023
THIS RFA, COMING ON FOR ORDERS, 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 plaintiff in
O.S.No.521/2017 challenging the judgment and decree
dated November 16, 2022 passed by LII Additional City
Civil and Sessions Judge, Bengaluru. The suit is one for
declaration and possession and the same has been
dismissed. Hence, this appeal.
2. Heard Shri J.M.Rajanna Setty, learned advocate
for the appellant and Shri S.Thyagaraja, learned
advocate for the respondent.
3. Shri S.Shankar, appellant and Smt. Selvi,
respondent are present and they are identified by their
respective advocates.
4. Learned advocates on both sides jointly submit
that during the pendency of the appeal, parties have
amicably resolved the dispute. A compromise petition
under Order XXIII Rule 3 of CPC duly signed by the
appellant, respondent and their respective advocates
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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 recorded in the compromise petition.
5. The terms of compromise read as follows:
"MEMORANDUM OF COMPROMISE PETTION
FILED UNDER ORDER 23 RULE 3 OF THE
CODE OF CIVIL PROCEDURE, 1908
At the intervention of the well-wishers, the matter under
controversy came to be settled between the parties
amicably on the following terms and conditions:
1. The Appellant is the absolute owner and in possession
of the property bearing No. PID-12-18-32, Old No.152/32
situated at 5th Main, 8th Cross, Ganesha Block,
Mahalakshmipuram (Nandini Layout), Bengaluru-560096.
2. In fact the Appellant and Respondent are brother and
sister and the Respondent requested the Appellant and
their father M.Subramanyam to give a room in the
schedule property for her staying and thereby
Respondent was given a tenement measuring East to
West 16.67 and North to South 12.5 approximately 208
Sq.ft, consisting of a room, bedroom and a kitchen in the
schedule.
3. The appellant herein has filed the suit in
O.S.No.521/2017 on the file of principle City Civil and
Sessions Judge, Bengaluru (C.C.H-53) for the relief of
declaration and possession of the enjoyment of the
respondent's occupation of the property. The above suit
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came to be dismissed vide Judgment and decree and
dated 16-11-2022.
4. Aggrieved by the dismissal of suit, the appellant
herein has preferred the instant appeal before this
Hon'ble Court against the Judgment and Decree passed in
O.S.521/2017 dated 16/11/2022, on the file of LII Addl.
City Civil & Session Judge, Bangalore (CCH-53) and prays
for setting aside the same.
5. It is submitted that, both the parties to this appeal
have amicably settled their disputes by mutual consent,
to put an end to claims and rival claims made by them
with respect to schedule property, on the following terms
and conditions.
4. THE PARTIES TO THIS APPEAL HEREBY
DECLARE, CONFIRM AND ASSURE THAT:-
a) The appellant has agreed to pay a sum of
Rs.38,00,000/- (Rupees Thirty Eight Lakhs Only) to
the respondent as full and final settlement by selling
the schedule property for the prospective purchasers.
The respondent has agreed to vacate & handover the
possession of the property which is in her occupation
in the Scheduled Property measuring to an extent of
East to West 16.67 Feet and North to South 12.5
Feet, approximately 208 Sq.ft, immediately.
b) For the foregoing settlement the appellant has
agreed to pay a sum of Rs.38,00,000/-
(Rupees Thirty Eight Lakhs only) by way of
Cheque/D.D./Online Transfer of the said amount
within three months or as on the date of execution of
sale deed to the prospective purchasers and as a
token of this compromise a sum of Rs.5,00,000/-
(Rupees Five Lakhs Only) has been pain by the
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appellant by way of RTGS vide UTR
No.FDRLR52023091400050676 dated 14-09-2023
and the same has been acknowledged by the
respondent herein. And the remaining balance
amount of Rs.33,00,000/- (Rupees Thirty Three
Lakhs Only) shall be payable to the respondent as
stated above.
c) The respondent hereby withdraws all her contentions
raised in the written statement and relinquishing her
right of permissive possession and agrees and
accepts that the appellant is the absolute owner of
the Schedule Property.
d) The appellant prays for refund of the full court fee
paid on the appeal memorandum.
PRAYER
WHEREFORE, the Appellant and Respondent herein most
respectfully pray that this Hon'ble Court be pleased to
accept the terms of compromise and set-aside the
Judgment and decree passed in O.S 521/2017 dated
16/11/2022, on the file of LII Addl. City Civil & Session
Judge, Bangalore (CCH-53), in the interest of justice and
equity.
SCHEDULE PROPERTY
All that piece and parcel of premises bearing
th
PID-12-18-32, old No. 152/32 situated at 5 Main,
th
8 cross, Ganesha Block, Mahalakshmipuram (Nandini
Layout) Bengaluru-560 096, measuring East to West: 50
feet and North to South: 30 feet which consisting of the
building, bounded on the:
East by : Private Property
West by : Road
North by : Private Property
South by : Private Property"
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6. In our opinion, compromise arrived between the
parties is lawful and hence accepted. Judgment and
decree dated November 16, 2022 in O.S.No.521/2017
passed by the by LII Additional City Civil and Sessions
Judge, Bengaluru, is set-aside in terms of compromise
arrived between the parties and this appeal is
accordingly disposed of.
7. Decree be drawn accordingly.
8. Registry shall refund the court fee in accordance
with law.
9. In view of disposal of this appeal, pending
interlocutory applications, if any, do not survive for
consideration and they stand disposed of.
10. Parties shall bear their respective costs in this
appeal.
Sd/-
JUDGE
Sd/-
JUDGE
