Karnataka High Court
Sri. K. S. Ponnappa vs Smt. Suvitha M. R on 18 April, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 7811 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.7811 OF 2024 (GM-CPC)
BETWEEN:
SRI. K.S. PONNAPPA
S/O LATE K.K. SUBBIAH
AGED ABOUT 67 YEARS
PRESENTLY RESIDING AT
NO.8/4, PALMGROVE ROAD
VICTORIA LAYOUT
BENGALURU - 560 047
...PETITIONER
(BY SRI. G KRISHNA MURTHY, SR.COUNSEL FOR
SMT.BHAVANA G K., ADVOCATE)
AND:
SMT. SUVITHA M.R.
W/O DR. A.V. ASHOK
AGED ABOUT 54 YEARS,
RESIDING AT NO.65,
N.H.C.S. LAYOUT, 3RD STAGE,
Digitally signed by
LEELAVATHI S R 4TH BLOCK, BASAVESHWARANAGARA
Location: HIGH BANGALORE - 560 079
COURT OF
KARNATAKA ...RESPONDENT
(BY SRI.S.RAJU, ADV. FOR SRI P D SURANA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER PASSED BY COURT OF LXXII ADDL. CITY CIVIL
AND SESSIONS JUDGE (CCH-73) MAYO HALL, BENGALURU DATED
06/03/2024 TO THE EXTENT OF REFUSING TO GRANT TIME TO
FURTHER CROSS EXAMINE PW 1, BY CONFRONTING/
PRODUCING CERTAIN DOCUMENTS AND TAKING THE FURTHER
CROSS AS NIL, CLOSING THE PLAINTIFFS SIDE AND POSTING THE
CASE FOR DEFENDANTS EVIDENCE, BY CALLING FOR RECORDS
IN OS NO. 25606/2013 & ETC.
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WP No. 7811 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition by the defendant in O.S.No.25606/2013 is
directed against the impugned order dated 06.03.2024 whereby the
application - I.A.No.5 filed by the petitioner seeking adjournment
was rejected by the Trial Court.
2. Heard learned counsel for the petitioner and learned
counsel for the respondent and perused the material on record.
3. The material on record discloses that the respondent -
plaintiff is the Landlord and the petitioner - defendant is the tenant
under her in relation to the suit schedule premises. The
Memorandum of Compromise petition entered into between the
parties, reads as under:
"COMPROMISE PETITION UNDER ORDER XXIII
RULE 3 OF THE CODE OF CIVIL PROCEDURE,1908
The Petitioner and Respondent submits as follows:
1. The Respondent / Plaintiff has filed a suit in
OS 25606/2013, before the Court of Additional City Civil
Judge (CCH 73) Mayo Hall at Bengaluru, against the
Petitioner/Defendant herein for delivery of vacant
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possession of the schedule premises along with the arrears
of rent.
2. The Petitioner has challenged the Order
passed by the Trail Court in the above petition. At the
intervention of the well-wishers, the parties have agreed to
settle their dispute and compromise the claim made in the
suit OS 25606/2013 before this Hon'ble Court and prayed
that the trial court be directed to decree the suit on the
following terms:
a. The Petitioner/Defendant has agreed to vacate
and deliver the vacant possession of the Plaint Schedule
Premises to the Respondent/Plaintiff on or before
30.06.2024. The Respondent/Plaintiff has agreed to grant
time to vacate and hand over possession till 30.06.2024.
b. The Petitioner/Defendant has agreed to pay sum
of Rs.4,30,000/-(Rupees Four Lakhs Thirty Thousand Only)
by way of Cheque bearing No.123464, dated 14.06.2024
drawn in favour of Smt.Suvitha M.R. on Canara Bank,
Lavelle Road, Bengaluru towards full and final settlement of
the suit claim of the Respondent/Plaintiff towards mesne
profits till 30.06.2024. The Petitioner undertakes that he will
arrange the funds in the account for encashment of the
aforesaid cheque. The Respondent/Plaintiff shall have no
claim whatsoever against the Petitioner/Defendant towards
arrears of rent or mesne profits till 30.06.2024. The parties
have no claim against each other in respect of the
Schedule Property. In the event of cheque being
dishonored for any reason, the Respondent/plaintiff is
entitled to evict the Petitioner immediately as if no time is
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granted through the process of court. If the cheque is
dishonoured the respondent/plaintiff shall be entitled to
recover Rs.4,30,000/- by executing the decree for the
petitioner/defendant. In addition to that the
respondent/plaintiff is also permitted to prosecute the
petitioner/defendant under Section 138 of Negotiable
Instruments Act.
c. The petitioner shall be liable to pay mesne profits
at the rate of Rs.20,000/- per month, if fails to vacate suit
premises by 30.06.2024, till he deliver the possession of
the suit property.
d. The petitioner shall be entitled to peaceful use of
the plaint schedule property including the car parking space
during the time granted to vacate the premises.
3. The Parties have entered into Compromise at
their will and volition.
WHEREFORE, the Petitioner and Respondent pray
that this Hon'ble Court may be pleased to record the
compromise and pass Judgment and Decree in terms of
the compromise by directing the trial court to draw the
decree in terms of above Compromise Petition in
O.S.25606/2013 and direct the trial court to refund the
court fee as permissible, in the interest of justice.
4. As can be seen from the aforesaid terms of the
compromise entered into between the parties, the petitioner has
paid a sum of Rs.4,30,000/- to the respondent vide postdated
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cheque bearing No.123464 towards full and final settlement of all
claims of the petitioner towards the respondent. Parties have also
agreed that the petitioner would voluntarily quit, deliver, vacate and
hand over vacant possession of the suit schedule premises to the
respondent on or before 30.06.2024.
5. The compromise petition has been signed by both
parties as well as their counsel and the petitioner as well as GPA
holder of the respondent are physically present before the Court
and have accepted the conditions of the terms of the compromise.
Petitioner has handed over postdated cheque bearing No.123464
for a sum of Rs.4,30,000/- to the respondent, who acknowledges
the receipt of the said cheque (subject to realisation).
6. In the result, I pass the following:
ORDER
(i) The petition is hereby disposed of in terms
of the compromise petition.
(ii) The Trial Court is directed to dispose of the
suit and pass compromise decree in terms of the
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compromise petition immediately upon receipt of a copy
of this order.
(iii) The Trial Court is also directed to refund the
entire Court fee paid on the plaint back to the
respondent - plaintiff.
Sd/-
JUDGE
SV
