Karnataka High Court
Mr S Veerabhadraswamy @ Anil vs Mr C Mohan Kumar Gowda on 14 June, 2023
Bench: Jyoti Mulimani
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NC: 2023:KHC:20474
RSA No. 162 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.162 OF 2023
BETWEEN:
MR. S. VEERABHADRASWAMY @ ANIL
S/O MR. SHIVANNA
AGED ABOUT 37 YEARS,
R/AT MALARAPALYA VILLAGE,
YALANDURU TALUK,
CHAMARAJANAGARA DISTRICT - 571 441.
SHOP ADDRESS:
ANIL MOBILE CENTRE,
CHIKKALINGEGOWDA STREET,
SOUTHERN EXTENSION,
KOLLEGALA TOWN - 571 440.
...APPELLANT
(BY SRI. KESHAVA MURTHY B., ADVOCATE)
AND:
Digitally signed by MR. C.MOHAN KUMAR GOWDA
THEJASKUMAR N S/O LATE CHIKKALINGEGOWDA,
Location: HIGH
COURT OF AGED ABOUT 54 YAERS,
KARNATAKA R/AT NO.7/255B,
CHIKKALINGEGOWDA STREET,
SOUTHERN EXTENSION,
KOLLEGALA TOWN,
CHAMARAJANAGARA DIST - 571 440.
...RESPONDENT
(BY SRI. B.T. VENKATESH., ADVOCATE FOR C/R)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.
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RSA No. 162 of 2023
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Sri.B.Keshava Murthy., learned counsel for appellant and
Sri.B.T.Venkatesh., learned counsel for caveator/ respondent
have appeared in person.
Learned counsel for the respective parties submits that
the parties have arrived at a settlement and a Compromise
Petition under Order 23 Rule 3 R/w Section 151 of CPC has
been filed by both the parties. Counsel therefore, submits that
the Compromise Petition may be recorded and the appeal may
be disposed of in terms of the Compromise arrived at between
the parties.
Learned counsel for the respective parties submits that
Sri.S.Veerabhadraswamy @ Anil - appellant and Sri.C.Mohan
Kumar Gowda - respondent are present before the Court. They
have been duly identified by their respective Advocates.
When queried by this Court, the parties have stated that
they have indeed settled their dispute and have arrived at a
compromise and that the appeal may be disposed of in terms of
the compromise arrived at by them. They further state that
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they have arrived at a settlement on their own free volition
without there being any coercion or undue influence from any
side.
Counsel jointly submits that the Compromise Petition may
be taken on record and the appeal may be disposed of in terms
of the Compromise Petition.
The Compromise Petition is taken on record. I have
perused the same with utmost care. The Compromise Petition
under Order 23 Rule 3 R/w Section 151 of CPC reads as under:
"APPLICATION UNDER ORDER XXIII RULE 3 R/W
SECTION 151 OF CODE OF CIVIL PROCEDURE
The Appellant and Respondent respectfully
submit as follows:-
1) The Respondent herein filed the suit in
O.S.No.270/2017 against the Appellant herein, for the
relief of eviction from the leased shop premises. The
said suit came to be decreed in favour of the
Respondent herein by its Judgment and Decree
dated:02.03.2020 and further ordered to pay arrears of
rent @ Rs.4,000/- per month from 01.07.2017 to till
the date of suit and damages of Rs.5,000/- from the
date of suit to till the date of realization.
2) The Appellant herein being aggrieved by
the Judgment preferred First Appeal before Senior Civil
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Judge & JMFC, Kollegala in R.A.No.17/2020, wherein
the Appeal was dismissed and confirmed the Trial Court
order by its Judgment and decree dated:17.12.2022.
3) The Appellant being aggrieved by the
above concurrent Judgments, has preferred the above
Regular Second Appeal before this Hon'ble Court.
4) The Appellant and Respondent at the
intervention of well-wishers both the parties have
arrived for amicable settlement to put an end to the
litigation in the following terms:-
i) The Appellant has agreed undertakes to
quit, vacate and deliver the vacant
possession of the suit schedule shop
premises to the respondent within six (6)
months from the date of this Compromise
Petition, without any demur.
ii) The appellant is due of arrears of rent and
damages totaling to Rs.4,23,000/- to the
respondent. The appellant has no objection
to adjust the above arrears of rent/
damages from the lease advance amount of
Rs.4,00,000/- (Rupees Four Lakhs only)
paid by the appellant to the respondent.
iii) The appellant today has paid the remaining
due amount of Rs.23,000/- by way of cash
to the respondent.
iv) The appellant agreed to pay the future rent/
damage of Rs.5,000/- every month to the
respondent for a period of six months or till
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the date of handing over possession,
whichever is earlier.
v) The appellant and respondent have no claim
against each other, in any manner.
5) The Appellant and Respondent have
voluntarily entered into this compromise petition
without any force or coercion from any person/s in any
manner.
6) The Court fee paid by the Appellant may
please be ordered to refund in favour of the Appellant,
for which the Respondent has no objection.
WHEREFORE, the Appellant and Respondent
respectfully prays this Hon'ble Court, the above Appeal
may please be disposed in the above terms, in the
interest of justice and equity."
On perusal of the Compromise Petition, this Court finds
that the terms of Compromise Petition are lawful and that there
is no legal impediment for accepting the same.
In view of settlement, both the parties have no claims of
whatsoever nature as against each other.
The Regular Second Appeal is accordingly, disposed of
in terms of the Compromise Petition.
The Registry concerned is hereby directed to draw the
decree in terms of the Compromise Petition.
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Registry concerned is directed to refund the Court fee as
per the Karnataka Court Fees and Suits Valuation Act, 1958.
Sd/-
JUDGE
TKN
