Karnataka High Court
Sri G M Manjunatha Swamy S/O G ... vs Sri Rajendra Gouda R G S/O Gangadharappa ... on 19 February, 2024
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NC: 2024:KHC-D:4140-DB
RFA No. 100046 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 100046 OF 2024 (DEC/POS)
BETWEEN:
1. SRI. G.M.MANJUNATHA SWAMY
S/O. G.VEERABHADRAIAH,
AGE: 64 YEARS, OCC: NIL,
R/O: GROUND FLOOR,
NEW D.NO.679/1,
PROPERTY ID.NO.50-1-512-364,
15TH WARD AMARAVATHI,
BHARATHI NAGAR, HOSAPETE,
DIST: VIJAYANAGARA-583201.
2. SMT. G.M.NAGARATHNA
W/O. G.M.MANJUNATHA SWAMY,
MOHANKUMAR
B SHELAR AGE: 58 YEARS, OCC: HOME MAKER,
Digitally signed by
R/O: GROUND FLOOR,
MOHANKUMAR B
SHELAR NEW D.NO.679/1,
Date: 2024.02.22
16:00:46 +0530
PROPERTY ID.NO.50-1-512-364,
15TH WARD AMARAVATHI,
BHARATHI NAGAR, HOSAPETE,
DIST: VIJAYANAGARA-583201.
...APPELLANTS
(BY SRI.HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. SRI. RAJENDRA GOUDA R.G.
S/O. GANGADHARAPPA R.H.,
AGE: 49 YEARS, OCC: BUSINESS,
R/O: H.NO.38, 1ST FLOOR,
PADMA SADANA DOCTORS COLONY,
BEHIND HOTEL POLA PARADISE,
BALLARI-583201.
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NC: 2024:KHC-D:4140-DB
RFA No. 100046 of 2024
2. SMT. H.M.DEVIRAMMA
W/O. LATE G.M.SAHAMBULINGAIAH,
AGE: 62 YEARS, OCC: HOME MAKER,
R/O: NEW D.NO.679/1,
PROPERTY ID NO.50-1-512-364,
15TH WARD AMARAVATHI,
BHARATHI NAGAR, HOSAPETE,
DIST: VIJAYANAGARA-583201.
3. SMT. Y.VENI W/O. NARASHIMHA REDDY
AGE: 51 YEARS, OCC: HOME MAKER,
R/O: SRI. YERRI THATHA COLONY,
GANDHINAGARA, BALLARI-583101.
...RESPONDENTS
(BY SRI.S.B.HEBBALLI, ADV. FOR CAVEAT REESPONDENT NO.1;
NOTICE TO R2 AND R3 ARE DISPENSED WITH)
THIS RFA IS FILED UNDER SEC. 96 READ WITH ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
27.11.2023 PASSED IN O.S.NO.83/2017 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE
FIRST CLASS, HOSAPETE, DECREEING THE SUIT FILED FOR
DECLARATION AND INJUNCTION AND ARREARS OF RENT.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
ASHOK S. KINAGI, J., DELIVERED THE FOLLOWING:
JUDGMENT
The appellants and respondent No.1 are present
before the Court and they are identified by their respective
counsel.
NC: 2024:KHC-D:4140-DB
2. The appellants and respondent No.1 have filed a
joint Compromise Petition under Order XXIII Rule 3 of the
Code of Civil Procedure which reads as under:
"JOINT COMPROMISE PETITION UNDER ORDER 23
RULE 3 OF CPC
Herein the Appellants and Respondent No.1
submit as under:
1. Both Appellants 1 and 2 (Defendants 1 and 3) and
Respondent No.1 (Plaintiff) have settled the matter
amicably and file this Joint Compromise Petition on
the following terms and conditions:
2. The Appellants 1 and 2 voluntarily have agreed to
vacate the premises that is in their occupation
which is the subject matter of this appeal by the
end of August 2024. Both have filed separate
affidavits undertaking to vacate the petition
premises in their occupation by the end of August
2024, without resorting to execution by the plaintiff.
3. The Respondent No.1 as per the decree, who is
entitled to recover arrears of rent at the rate of
Rs.10,000/- per month from the Appellant no 1
(Defendant no 1) from October 2016 till delivery of
vacant possession has agreed to give up his claim in
this respect so much so the entire arrears of rents
due as aforesaid has agreed to give set off by this
Respondent No.1.
NC: 2024:KHC-D:4140-DB
4. The decree in so far as it relates to other defendants
is kept intact.
5. The above appeal be disposed of in terms of the
above compromise petition.
6. In witness where of the parties to the compromise
and their respective advocates have put their
signatures in token of correctness of this
compromise petition."
3. The compromise was read over and explained to
the parties in Kannada language known to them. They
have accepted the conditions and prays to dispose of the
appeal in terms of the joint compromise petition.
4. Accordingly, the joint compromise petition is
placed on record. Along with the joint compromise
petition, the appellants have filed an affidavit of
undertaking that they would vacate the schedule
premises, which is in their occupation, by the end of
August 2024. The affidavit of undertaking is also placed
on record.
NC: 2024:KHC-D:4140-DB
5. Accordingly, the appeal is disposed of in terms of
the joint compromise petition.
6. As the parties have settled the dispute, in view of
the law laid down by the Hon'ble Apex Court in the case of
The High Court of Judicature at Madras rep. by its
Registrar General v. M.C. Subramaniam & Ors. in Special
Leave Petition (CIVIL) Nos.3063-3064/2021 disposed of on
17.02.2021, the office is directed to refund full court fee in
favour of the appellants. Appellant No.2, who is the wife of
appellant No.1, submits that she has no objection to
refund the court fee in favour of appellant No.1-
Sri.G.M.Manjunatha Swamy.
7. Submission is placed on record.
8. In view of the same, office to refund the court fee
in favour of appellant No.1.
NC: 2024:KHC-D:4140-DB
9. Draw the decree in terms of the compromise
petition.
Sd/-
JUDGE
Sd/-
JUDGE
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