Karnataka High Court
Sri Sudarshan Prasad vs Sri Ramanath Rai on 28 November, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2023:KHC:43033
RFA No. 2243 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO. 2243 OF 2023 (RES)
BETWEEN:
SRI SUDARSHAN PRASAD
S/O LATE SRI. C E NAGARAJ,
AGED ABOUT 59 YEARS,
R/O FLAT NO. SFC -603, 6th FLOOR,
PURVA SUNFLOWER APRATMENT,
SFC BLOCK NO. 236/4, WARD NO. 121
BINNYPET WARD METRO STATION,
MAGADI MAIN ROAD,
BENGALURU 560 023.
...APPELLANT
(BY SRI. BASAVANNA K .M.,ADVOCATE)
AND:
1. SRI RAMANATH RAI
S/O LATE SRI. VENKAPPA RAI
AGED ABOUT 60 YEARS,
R/O NO. 270, 67th CROSS,
V BLOCK, RAJAJINAGAR,
Digitally BENGALURU NORTH
signed by BENGALURU 560 010.
VANDANA S
Location: 2. SMT. LATHA RAI W/O SRI. RAMANATH RAI
HIGH AGED ABOUT 53 YEARS,
COURT OF R/O NO. 270, 6th CROSS,
KARNATAKA
V BLOCK, RAJAJINAGAR,
BENGALURU NORTH
BENGAURU 560 010.
3. M/S JABM ONESOURCE PVT LTD.,
NO. 224/186/24 I FLOOR, II MAIN ROAD,
NEELADHARI (NILA) INVESTMENT LAYOUT,
BETTADASANPURA , ELECTRONIC CITY, PHASE I,
BENGALURU 560 100
REPRESENTED BY ITS MANAGING DIRECTOR/ DIRECTORS.
...RESPONDENTS
(BY SRI. Y. RAJENDRA PRASAD SHETTY, ADVOCATE FOR C/R-1 & R-2)
-2-
NC: 2023:KHC:43033
RFA No. 2243 of 2023
THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.09.2023
PASSED IN OS NO.3973/2022 ON THE FILE OF XII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE
SUIT FOR EJECTMENT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by defendant No.2 in O.S.No.3973/2022 is
directed against the impugned judgment and decree dated
27.09.2023 passed by the XII Addl. City Civil & Sessions Judge,
Mayohall Unit, Bengaluru, whereby the said suit filed by the
respondent Nos.1 and 2 - plaintiffs against the appellant -
defendant No.2 and respondent No.3 - defendant No.1, for
ejectment and other reliefs in relation to the suit schedule
immovable property was decreed by the Trial Court in favour of
respondent Nos.1 and 2 - plaintiffs against appellant - defendant
No.1.
2. Appellant and respondent No.2 have filed a Joint
Memo of compromise. The said Joint Memo reads as under:
"The above named appellant and respondents No.1
and 2 beg to submits as follows:
NC: 2023:KHC:43033
The above said appellant and respondent No.1 and 2
in the appeal have amicably settled the above case / appeal
on the following terms and conditions as follows:
1. The appellant has agreed / undertakes to
vacate the suit schedule property / flat by virtue of the
judgment and decree passed in O.S.No.3973/2022 by the
Hon'ble XII Addl. City Civil and Sessions Judge (CCH-27),
Bengaluru dated 27.09.2023 within 6 months from today i.e.,
from 28.11.2023 to 27.05.2023 before this Hon'ble Court.
2. The appellant has agreed for payment of
damages/mesne profit a sum of Rs.25,000/- (Rupees Twenty
Five thousand only) per month which includes maintenance
charges in respect of the suit schedule property to the
respondent No.1 and 2 on or before 28th of every month
remit directly in their joint Account No.10977266658, IFSC
Code: SBINOOOO813, State Bank of India, Bengaluru
through RTGS / NEFT.
3. The appellant further undertakes that, he will
not seek any further extension of time in any circumstances
for vacating the suit schedule premises / flat.
4. The appellant undertakes that, in the event of
any default for payment of damages / mesne profit in any
month to the respondent No.1 and 2 are entitle for executing
the decree against the appellant forthwith.
5. The appellant undertakes that, he will withdraw
the case O.S.No.2653/2022 filed against the respondent
NC: 2023:KHC:43033
No.1 and 2 and others on the file of City Civil and Sessions
Judge, Bengaluru.
6. The appellant undertakes that, he will
voluntarily vacate the suit schedule premises / flat and hand
over the key and possession to the respondent No.1 and 2
owners of the flat without giving any scope for executing the
decree without dragging the proceedings he shall hand over
the suit schedule premises / flat in good condition on or
before 27.05.2024.
Wherefore, it is prayed that this Hon'ble Court may be
pleased to dispose the above said appeal by virtue of this
joint memo filed by the appellant and respondent No.1 and 2,
in the interest of justice."
3. The undertaking affidavit to comply with the terms of
the compromise is also filed on behalf of the appellant and the said
affidavit reads as under:
" I, Sudarshan Prasad S/o Late Sri. C.E.Nagaraj, aged
about 59 years, R/o. Flat No.SFC-603, 6th Floor, Purva
Sunflower Apartment, SFC Block No.236/4, Ward No.121,
Binnypet Ward Metro Station, Magadi Main Road, Bengaluru
- 560 023., do hereby solemly affirm and state as follows:-
1 .I am the appellant in the above said appeal, I
know the facts and circumstances of the case, Hence, I state
as follows.
2. I state that I undertakes to vacate the suit
schedule property / flat within 6 months from today i.e.,
NC: 2023:KHC:43033
28.11.2023 and hand over the suit schedule property to the
respondent No.1 and2 on or before 27.05.2024 and hand
over the key to them in respect of suit schedule property. I
undertakes that, I will pay monthly damages mesne profit of
Rs.25,000/- p.m. (Rupees Twenty Five Thousand only) which
includes maintenance charges to the respondent No.1 and 2
on or before 28th of every month directly remit in their joint
Account No.10977266658, IFSC Code: SBIN000813, State
Bank of India Bengaluru through RTGS/NEFT.
3. I state that, I undertakes that, I will not seek any
further extension of time in any circumstances for vacating the
suit schedule premises/flat.
4. I state that, in the event of any default for
payment of damages/mesne profit in any month to the
respondent No.1 and 2 are entitle for executing the decree
against me immediately.
5. I state that, what is undertaking in the joint
memo are true and correct.
What is stated above in para No.1 to 5 are true and
correct to the best of my knowledge and information belief. "
4. The said Joint Memo of compromise has been duly
signed by the appellant as well as his counsel and by respondent
Nos.1 and 2 and their counsel.
5. Appellant and respondent Nos.1 and 2 are physically
present before the Court and they admit that they have executed
NC: 2023:KHC:43033
the Joint Memo of compromise voluntarily. All parties have
accepted the terms and conditions of the Joint Memo of
compromise and they are identified by their respective counsel.
6. Being satisfied with the terms and conditions contained
in the Joint Memo of compromise, the appeal stands disposed of in
terms of the Joint Memo of compromise by modifying the impugned
judgment and decree passed by the Trial Court and substituting the
same with the terms and conditions of the said Joint Memo of
compromise. Registry is directed to draw up decree accordingly.
7. Registry of this Court is directed to refund the entire
(100%) Court fee paid by the appellant on the Memorandum of
Appeal back to the appellant, forthwith, without any delay.
8. Registry of the Trial Court is directed to refund the
entire (100%) Court fee paid by the respondent Nos.1 and 2 -
plaintiffs on the plaint back to the respondent Nos.1 and 2 -
plaintiffs immediately upon receipt of a copy of this order.
Sd/-
JUDGE
SV
