Karnataka High Court
Sri. Sathya vs Sri. Ravigowda on 23 June, 2023
Bench: Jyoti Mulimani
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NC: 2023:KHC:21789
RSA No. 494 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.494 OF 2023 (EJE)
BETWEEN:
SRI. SATHYA
S/O SRINIVAS,
AGED ABOUT 55 YEARS,
COCONUT MERCHANT,
R/A NO.1292/1252,
C/O BANDI THIMMANNA,
(OLD NO.612), BAZAR STREET,
NANJANGUD TOWN,
MYSORE - 571 301.
...APPELLANT
(BY SRI.T.SESHAGIRI RAO., ADVOCATE)
AND:
SRI. RAVIGOWDA
Digitally signed by S/O LATE B.H.NARAYANAGOWDA,
THEJASKUMAR N
Location: HIGH AGED ABOUT 46 YEARS,
COURT OF
KARNATAKA R/AT C/O BHAGYA SURESH
No.84, 8TH MAIN, VINAYAKA NAGARA
MYSORE CITY, MYSORE.
...RESPONDENT
(BY SRI.P.NATARAJU., ADVOCATE)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.
THIS APPEAL IS COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
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RSA No. 494 of 2023
ORDER
Sri.T.Seshagiri Rao., learned counsel for the appellant
and Sri.P.Nataraju., learned counsel for the respondent have
appeared in person.
2. Learned counsel for the respective parties submits
that the parties have arrived at a settlement and a Compromise
Petition under Order 23 Rule 3 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.Sathya - appellant and Sri.Ravi Gowda - respondent are
present before the Court. They have been duly identified by
their respective Advocates.
3. 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
they have arrived at a settlement on their own free volition
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RSA No. 494 of 2023
without there being any coercion or undue influence from any
side.
4. 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.
5. The Compromise Petition is taken on record. I have
perused the same with utmost care. The Compromise Petition
under Order 23 Rule 3 of CPC reads as under:
"MEMORANDUM OF COMPROMISE PETITION
UNDER ORDER XXIII RULE 3 OF THE CODE OF
CIVIL PROCEDURE
The Appellant and the Respondent above named
submit as hereunder:
1. It is submitted that, the present appeal has
been preferred by the Appellant as against the
concurrent impugned judgment and decree dated:
16.12.2022 one passed by the First Appellate Court
i.e., Senior Civil Judge & JMFC, Nanjangud in R.A.
No.16/2022, confirming the judgment and decree
dated:10.02.2022 one passed by the II Addl. Civil
Judge & JMFC, Nanjangud, in O.S.No.525/2013.
2. It is submitted that, at the intervention of
the elders, well-wishers, family and friends, the
Appellant and the Respondent have arrived at an
amicable settlement to settle the dispute between
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themselves in order to buy peace forever. The terms of
the compromise arrived thereto between the parties is
as hereunder:
a. That, the Appellant has agreed to vacate and
handover vacant possession of the suit premises i.e.,
property bearing Assessment No.1292/1252, situated
at Shop Street, Ward No.4, Nanjanagud Town, Mysuru
in favour of the Respondent on or before 30.09.2024;
b. That, the Appellant on this day has paid a sum of
Rs.30,000/- (Rupees Thirty Thousand only) in favour of
the Respondent by way of cash towards litigation
expenses which is appropriated from the date of suit till
the date of handing over of the demised premises in
favour of the Respondent;
c. It is agreed between the parties that, there shall
be no future claims by either of the parties against
each other for whatsoever reason for monies or
otherwise;
d. That apart, the Respondent hereby places an
undertaking that, he would not enforce the judgment
and decree passed in O.S.No.525/2013 one passed by
the II Addl. Civil Judge & JMFC, Nanjangud and
confirmed by the first Appellate Court i.e., Senior Civil
Judge & JMFC, Nanjangud in R.A.No.16/2022, in view
of the compromise till expiry of the period agreed in
the present compromise i.e., 30.09.2024. Further, the
Respondent hereby undertakes not to precipitate the
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pending execution petition in Ex.Pet.No.90/2022 before
the II Addl. Civil Judge & JMFC, Nanjangud in view of
the compromise entered into between the parties in the
above appeal till the expiry of the agreed period i.e.,
upto 30.09.2024.
e. The Respondent has undertaken not to disturb
the Appellant's possession over the schedule premises
until expiry of term agreed hereunder between the
parties i.e., until 30.09.2024 under whatsoever
circumstances;
3. In view of the said arrangement which has
been arrived thereto between the parties, the above
appeal may be disposed off as prayed for in terms of
the compromise. That apart, there is no coercion or
fraud or there is any inducement of whatsoever nature
in reducing the terms of the compromise between the
parties to the appeal by way of this present
compromise petition.
4. Further, the parties to the appeal have
been read over the terms of the compromise in the
language known to them and upon understanding the
same, the parties to the appeal have affixed their
respective signatures to the present compromise
petition, which is binding against each other.
Wherefore, it is most humbly prayed that this
Hon'ble Court may be pleased to dispose of the appeal
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in terms of the compromise, 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.
As per the compromise petition, appellant has paid a sum
of Rs.30,000/- (Rupees Thirty Thousand only) to the
respondent in the open Court. The respondent acknowledges
the receipt of the same.
6. In view of settlement, both the parties have no
claims of whatsoever nature as against each other.
7. The Regular Second Appeal is accordingly,
disposed of in terms of the Compromise Petition.
8. The Registry concerned is hereby directed to draw
the decree in terms of the Compromise Petition.
Sd/-
JUDGE
TKN
