Karnataka High Court

Sri. Syed Aweza Ahmed vs Sri. Shaju Koshy on 10 July, 2023

Bench: Jyoti Mulimani

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                                                          NC: 2023:KHC:23772
                                                             RSA No. 1875 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 10TH DAY OF JULY, 2023

                                                BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                        REGULAR SECOND APPEAL NO. 1875 OF 2018 (POS)
                      BETWEEN:

                      SRI. SYED AWEZA AHMED,
                      S/O SRI SYED JEELANI,
                      AGED ABOUT 42 YEARS,
                      R/O NO.7, K4 S MANSION,
                      RAJAPUT B BLOCK,
                      N.R. MOHALLA, MYSURU-570 007.
                      AND ALSO AT: DOOR NO.44,
                      RAJENDRANAGARA MAIN ROAD,
                      N.R.MOHALLA, MYSURU - 570 007.
                                                                       ...APPELLANT
                      (BY SRI.BASAVANNA.K.M., ADVOCATE FOR
                           SRI.M.V.HIREMATH, ADVOCATE)

                      AND:

                      SRI. SHAJU KOSHY,
Digitally signed by
                      S/O LATE SRI. K.K. KANJUKOSHY,
THEJASKUMAR N         AGED ABOUT 56 YEARS,
Location: HIGH        R/O FLAT NO.3/88, S.R. REGENCY,
COURT OF
KARNATAKA             SATHYANAGAR, II CROSS,
                      RAMAPURAM, CHENNAI - 600 089.
                                                                      ...RESPONDENT
                      (BY SRI.NILE.A.P., ADVOCATE FOR
                          SRI. PURUSHOTHAMAN.K.N., ADVOCATE FOR C/R)

                             THIS   REGULAR   SECOND    APPEAL   IS   FILED   UNDER
                      SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.


                             THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
                      DAY, THE COURT DELIVERED THE FOLLOWING:
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                                           NC: 2023:KHC:23772
                                             RSA No. 1875 of 2018




                             ORDER

Sri.Basavanna.K.M., learned counsel on behalf of

Sri.M.V.Hiremath., for appellant has appeared through video

conferencing.

Sri.Nile.A.P., learned counsel on behalf of

Sri.Purushotham.K.N., for caveator/ respondent has appeared

in person.

2. Learned counsel for the respective parties submits

that the appeal was referred to Bengaluru Mediation Centre,

Bengaluru and the parties have agreed to settle the dispute

amicably. Accordingly, they have filed a Memorandum of

Settlement under Section 89 of CPC R/w Rules 24 & 25 of the

Karnataka Civil Procedure (Mediation) Rules, 2005 in the

following manner:

"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005

The parties above named submit as follows:-

I. The appellant has filed the above Regular Second Appeal against the judgment and decree dated 17.07.2018 in R.A.No.504/2016 (Old R.A.No.61/2015)

NC: 2023:KHC:23772 RSA No. 1875 of 2018

passed by the Court of the IV Addl. District Judge, Mysuru upholding the judgment and decree in O.S.No.1107/2012 dated 28.01.2015 passed by the III Addl. Civil Judge & JMFC at Mysuru.

II. The above appeal was referred to mediation for resolving the dispute between the parties. The parties have participated along with their respective counsel and have resolved their dispute on the following terms and conditions:

1. The Appellant is a tenant under the respondent in premises comprising two shops in premises bearing D.No.7, K4's Mansion, Rajput Block, N.R. Mohalla, Mysuru and continues to be in possession and occupation of the same. The Premises rented out to the appellant is described in the schedule hereunder and is hereinafter referred to as a Schedule Property. The agreed rent payable by the appellant to the respondent for the schedule property is Rs.2,000/- (Rupees Two Thousand Only) per month. The respondent has been running a two wheeler repairs establishment at the schedule property.

2. The respondent agrees to extend the tenancy of the appellant in respect of the schedule property till 31st July 2024. On or before the expiry of 31.07.2024 the appellant agrees and undertakes to quit and deliver vacant possession of the schedule property to the respondent or his authorized representative without causing any damage or loss to the said shops, failing which the respondent shall be

NC: 2023:KHC:23772 RSA No. 1875 of 2018

entitled to exercise his legal remedies as available under law.

3. The appellant agrees and undertakes to continue to pay the existing agreed rent of Rs.2,000/- (Rupees Two Thousand Only) per month totalling Rs.28,000/- (Rupees Twenty Eight Thousand Only) calculated till 31.07.2024 to the respondent for the schedule property. The aforesaid amount of Rs.28,000/- (Rupees Twenty Eight Thousand Only) shall be set off and deducted from the amount of security deposit of Rs.50,000/- (Rupees Fifty Thousand Only) lying with the respondent. Consequently the appellant shall be deemed to have paid rents in full till 31.07.2014.

4. The respondent shall refund to the appellant a sum of Rs.28,000/- (Rupees Twenty Eight Thousand Only) by a demand draft drawn in the name of the appellant being the balance amount of the security deposit referred to in paragraph No.3 (after deducting rent of Rs.28,000/- deemed to have been paid by the appellant till 31.07.2024) simultaneously with the appellant handing over peaceful and vacant possession of the schedule property to the respondent.

5. The appellant undertakes to handover vacant possession of the schedule property to the respondent on or before 31.07.2024 and undertakes not to seek any further extension of time. The appellant further undertakes not to sublet or part with possession of the schedule property or any part

NC: 2023:KHC:23772 RSA No. 1875 of 2018

thereof to any person until he hands over vacant possession of the same to the respondent. The appellant agrees to ensure that the schedule property is handed over to the respondent in good tenantable condition subject to normal wear and tear and further agrees to ensure that no damage shall be caused to the schedule premises from this date till 31.07.2024. The appellant agrees to promptly pay all electricity bills in respect of the schedule property till he hands over vacant possession of the schedule property to the respondent namely 31.07.2024.

6. The appellant agrees and confirms that he is due an owing to the appellant a sum of Rs.96,000/- (Rupees Ninety Six Thousand Only) being arrears of rent till May 2023. The appellant undertakes to pay the aforesaid amount on or before 15.08.2023 by a demand draft drawn on a Bank payable at Chennai and send the same by registered post acknowledgement due to the respondent to the following address:

Sri.Shaju Koshy Block C1, Maybell Apartments, 7th Cross Street, ICL Home Town, Noombal, Chennai - 600 077 (Ph: 99406 59967)

7. The respondent has filed an execution petition in Ex.Case.No.203/2015 before the Prl. Civil Judge and JMFC, Mysuru. Parties agree that in view of this settlement in mediation the aforesaid execution petition will be withdrawn subject to the respondent

NC: 2023:KHC:23772 RSA No. 1875 of 2018

being entitled to file an execution petition in the event the appellant commits default in any of the terms of this settlement. The respondent shall produce a copy of this settlement to the Hon'ble Court of the Principal Civil Judge and JMFC, Mysuru and seek withdrawal of the said execution petition.

SCHEDULE Two shops premises out of the property bearing D.No.7, K4's Mansion, Rajput Block, N.R.Mohalla, Mysuru each mearing 10 feet x 12 feet and bounded on;

East by : Private Property West by : The Portion of the property that has fallen to the share of Smt.Mary Joseph North by : Rajendranagar Main Road South by : The other portion of the property that has fallen to the share of Shaju Koshy.

III. In view of the aforesaid agreement entered into between the parties, this Hon'ble Court be pleased to dispose off the above appeal in terms of the aforesaid agreement.