Karnataka High Court
R.A. Anand vs Gopikrishnan on 5 April, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:14245
RFA No. 110 of 2020
C/W RFA No. 288 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR FIRST APPEAL NO. 110 OF 2020 (RES)
C/W
REGULAR FIRST APPEAL NO. 288 OF 2020
IN RFA NO.110/2020
BETWEEN:
1. R.A. ANAND
(SINCE DECEASED REPRESENTED BY HIS LRS)
MR. VIVEK S
AGED ABOUT 27 YEARS,
S/O LATE A. SANTHOSH @ SELVAM,
PRESENTLY R/AT 28,
2ND FLOOR, 7TH STREET,
BANK AVENUE, HORAMAVU POST,
Digitally signed by
VEDAVATHI A K BANGALORE - 560 043.
Location: High
Court of Karnataka
2. MR. VIKRAM S
AGED ABOUT 25 YEARS,
S/O LATE A. SANTHOSH @ SELVAM,
PRESENTLY R/AT 28,
2ND FLOOR, 7TH STREET,
BANK AVENUE, HORAMAVU POST,
BANGALORE - 560 043.
...APPELLANTS
(BY SRI. REGO L P E., ADVOCATE)
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NC: 2024:KHC:14245
RFA No. 110 of 2020
C/W RFA No. 288 of 2020
AND:
GOPIKRISHNAN
AGED ABOUT 48 YEARS,
S/O BALASUBRAMANIAN,
PROPRIETOR OF SCIIPOL ELECTRONICS,
NO.18, GROUND FLOOR,
ST. JOHN'S CHURCH ROAD,
CLEVELAND TOWN,
BANGALORE - 560 005.
...RESPONDENT
(BY SRI. RADHAKRISHNA, ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE
DATED 06.11.2019 PASSED IN OS.NO.8761/2007 ON THE FILE
OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, PARTLY DECREEING THE SUIT FOR EJECTMENT,
POSSESSION, RECOVERY OF ARREARS OF RENT, AND
DAMAGES.
IN RFA NO.288/2020
BETWEEN:
MR. GOPI KRISHNAN
S/O R. BALASUBRAMANIAN,
AGED ABOUT 49 YEARS, PROPRIETOR,
M/S SCIIPHOL ELECTRONICS,
NO.18, GROUND FLOOR,
ST. JOHN'S CHURCH ROAD,
CLEVELAND TOWN,
BANGALORE - 560 005.
...APPELLANT
(BY SRI. RADHAKRISHNA A, ADVOCATE)
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NC: 2024:KHC:14245
RFA No. 110 of 2020
C/W RFA No. 288 of 2020
AND:
R. A. ANAND
S/O LATE S. D. ARUMUGAM,
SINCE DECEASED (NOT DECEASED AS PER THE
TRIAL COURT JUDGEMENT)
NO.18, GROUND FLOOR,
ST. JOHN'S CHURCH ROAD,
CLEVELAND TOWN,
BENGALURU - 560 005.
1. a) MR. VIVEK S
AGED ABOUT 26 YEARS,
S/O LATE A. SANTHOSH @ SELVAM,
2. b) MR. VIKRAM S
AGED ABOUT 24 YEARS,
S/O LATE A. SANTHOSH @ SELVAM,
BOTH ARE R/AT 28,
2ND FLOOR, 7TH STREET,
BANK AVENUE, HORAMAVU POST,
BENGALURU - 560 043
...RESPONDENTS
(BY SRI. REGO L P E., ADVOCATE FOR R1(A & B)
THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER
XLI RULE 1 SECTION 96 OF CPC, AGAINST THE JUDGMENT
AND DECREE DATED 06.11.2019 PASSED IN
OS.NO.8761/2007 ON THE FILE OF THE III ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.25),
PARTLY DECREEING THE SUIT FOR EJECTMENT, POSSESSION,
RECOVERY OF ARREARS OF RENT AND DAMAGES.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:14245
RFA No. 110 of 2020
C/W RFA No. 288 of 2020
JUDGMENT
RFA No.110/2020 is filed by legal heirs of the appellant-
plaintiff challenging the order of decreeing the suit partly in
O.S.No.8761/2007 dated 06.11.2019 passed by III Additional
City Civil and Sessions Judge, Bengaluru for having decreed the
suit and dismissing the claim of the plaintiff and handing over
the key to the Court.
2. RFA No.288/2020 is filed by the appellant-defendant
challenging the order of eviction passed by the same Court in
O.S.No.8761/2007, dated 06.11.2019.
3. In RFA No.288/2020, during pendency of the appeal,
the learned counsel for the appellant filed memo stating that in
view of compromise between the parties in RFA No.110/2020,
this appeal is not pressed and wants to withdraw the appeal.
4. Submission and memo are placed on record.
5. In RFA No.110/2020, during pendency of the appeal,
both appellants and the respondent filed joint compromise
application under Order XXIII Rule 3 read with Section 151 of
CPC. As per the terms of compromise, the appellant paid
NC: 2024:KHC:14245
Rs.5,00,000/- to the respondent by way of cheque drawn on
ICICI Bank, Kalyan Nagar Branch, Bengaluru and the
respondent-defendant shall hand over the keys of respective
portion of suit schedule property to the legal heirs of the
plaintiff.
6. In view of the compromise, the respondent handed
over the keys to the legal heirs of the plaintiff and plaintiff
handed over the cheque to the respondent. Considering the
facts and circumstances of the case, the compromise
application filed by the parties is allowed. In view of the
compromise, the judgment of the Trial Court dismissing the suit
in part by handing over the key to the Court is hereby set aside
and permitted the respondent-defendant to hand over the key
to the legal heirs of the plaintiff.
7. The amount in deposit made by the defendant before
the Trial Court is ordered to be released to the legal heirs of the
plaintiff by due identification.
8. Accordingly, RFA No.288/2020 is dismissed as
withdrawn and RFA No.110/2020 is allowed.
NC: 2024:KHC:14245
The judgment of the Trial Court dismissing the suit partly
in O.S.No.8761/2007 dated 06.11.2019 passed by III
Additional City Civil and Sessions Judge, Bengaluru is hereby
set aside and suit of the plaintiff is decreed.
9. In view of the settlement between the parties and
withdrawing the RFA No.288/2020, the appellant is entitled for
the refund of Court fee as per the law.
10. Draw decree accordingly.
Sd/-
JUDGE
GBB
CT:SK
