Karnataka High Court
Shri Rafeeq Sait vs Shri V M Machendranath on 28 November, 2023
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2023:KHC:43190
RFA No. 2016 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.2016 OF 2021 (EJE)
BETWEEN:
SHRI RAFEEQ SAIT
AGED ABOUT 55 YEARS
S/O LATE M Y OOSMAN SAIT
NO.74/1, MOSQUE ROAD
FRAZER TOWN
BENGALURU -560 005
AND ALSO AT : NO.301, K KAMRAJ ROAD
BENGALURU - 560 042
...APPELLANT
(BY SRI S.SREEVATSA, SENIOR ADVOCATE ALONGWITH
SMT.PARVATHY R. NAIR, ADVOCATE)
AND:
1. SHRI V M MACHENDRANATH
AGED ABOUT 55 YEARS
Digitally
signed by R S/O LATE VHAVALE M MUNIDEVARAO
MANJUNATHA NO.135/1, 1ST FLOOR
Location:
HIGH COURT II ND CROSS, BEML LAYOUT
OF
KARNATAKA
1ST STAGE, BASAVESHWARNAGAR
BENGALURU -560079
2. SMT.POORNIMA
AGED ABOUT 44 YEARS
W/O V M MACHENDRANATH
NO.135/1, 1ST FLOOR
2ND CROSS, BEML LAYOUT
1ST STAGE
BASAVESHWARNAGAR
BENGALURU -560079
-2-
NC: 2023:KHC:43190
RFA No. 2016 of 2021
SINCE DEAD REPRESENTED BY HER LEGAL HEIRS
2(a) SHRI V.M.MACHENDRANATH
AGED ABOUT 55 YEARS
S/O LATE VHAVALE M. MUNIDEVARAO
#135/1, I FLOOR, II CROSS
BEML LAYOUT, I STAGE
BASAVESHWARANAGAR
BENGALURU - 560 079
2(b) RANJANA
AGED ABOUT MAJOR
DAUGHTER OF V.M.MACHENDRANATH
#135/1, 1 FLOOR, II CROSS
BEML LAYOUT, I STAGE
BASAVESHWARANAGAR
BENGLAURU - 56 0079.
2(c) ROHAN.V.M
AGED ABOUT MAJOR
SON OF V.M.MACHENDRANATH
# 135/1, I FLOOR, II CROSS
BEML LAYOUT, I STAGE
BASAVESHWARANAGAR
BENGALURU - 560 079
3. SMT V S BEENA
AGED ABOUT 37 YEARS
W/O V M SRIHARI
NO 135/1, 1 FLOOR
II CROSS, BEML LAOUT
I STAGE
BASAVESHWARNAGAR
BENGALURU -560 079
4. SRI V M SRIHARI
AGED ABOUT 46 YEARS
S/O LATE VHAVALE M MUNIDEVARAO
NO.135/1, 1ST FLOOR
II CROSS, BEML LAYOUT
I STAGE
-3-
NC: 2023:KHC:43190
RFA No. 2016 of 2021
BASAESHWARANGAR
BENGALURU - 560 079
...RESPONDENTS
(BY SRI K.B.S. MANIAN, ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED SECTION 96 R/W
ORDER 41 RULE 1 OF CPC 1908 AGAINST THE JUDGMENT AND
DECREE DATED 29.09.2021 PASSED IN O.S.No.841/2011 ON
THE FILE OF THE XXV ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR
DAMAGES AND POSSESSION.
THIS REGULAR FIRST APPEAL, COMING ON FOR FURTHER
HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Parties present before the Court and they have presented
the joint compromise petition under Order XXIII Rule 3 of the
Code of Civil Procedure.
2. Contents of the compromise petition is explained to the
parties and they admit that contents of the compromise petition
depicts true terms and there is no force, undue influence or
coercion in reaching out the terms of the settlement. Rent in a
sum of Rs.31,128/- for two months is furnished to the
respondents by the appellant by way of two demand drafts and
the same is acknowledged by the respondents by signing the
order sheet. The rent that has been deposited by the appellant
NC: 2023:KHC:43190
before this Court is permitted to be withdrawn by the
respondents.
3. As such, there is no impediment for this Court to dispose
of the appeal in terms of the compromise petition. Hence, the
following:
ORDER
(i) Appeal stands disposed of in terms of the
compromise petition.
(ii) Office is directed to draw the modified
decree in terms of the compromise petition
appending the copy of compromise petition
as part of the decree.
(iii) No order as to costs.
(iv) Appellant shall strictly adhere to the
contents of the affidavit filed today and
should not drive the respondents to file
execution petition.
Sd/-
JUDGE
kcm
