Karnataka High Court
Mrs Zareena Yasmeen vs Smt. Saraswathi on 1 July, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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RFA No. 702 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR FIRST APPEAL NO. 702 OF 2013 (DEC)
BETWEEN:
MRS ZAREENA YASMEEN
W/O MOHAMMED SHABBIR,
AGED ABOUT 53 YEARS,
R/AT NO.22/1, SIRSI ROAD,
6TH CROSS, CHAMARAJAPETE,
BANGALORE-560 018.
...APPELLANT
(BY SRI. RAMACHANDRA G BHAT, ADVOCATE)
AND:
1. SMT. SARASWATHI
W/O SRI.GURUMURTHY,
AGED ABOUT 58 YEARS,
A PORTION OF GROUND FLOOR
IN THE PROPERTY BEARING
Digitally signed by NO.12 AND 15, (OLD), NEW NO.30,
GEETHAKUMARI
PARLATTAYA S 1ST CROSS, ITTIGE ANJANAPPA LANE,
Location: High Court OLD PENSION MOHALLA, BANGALORE-560 018.
of Karnataka
2. SRI.P.MUNIVENKATAPPA,
S/O LATE H.PAPANNA,
AGED ABOUT 61 YEARS,
3. SMT.SUGUNA
W/O LATE MUNIVENKATAPPA,
AGED ABOUT 48 YEARS,
4. SRI.RAMESH
S/O P. MUNIVENKATAPPA,
AGED ABOUT 28 YEARS,
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RFA No. 702 of 2013
RESPONDENTS NO.2 TO 4
ARE R/AT NO.2360,
C/O NARAYANASWAMY,
KURKI MANDI MOHALLA,
SULTANPARK, MYSORE-02.
RESPONDENT NOS.2 TO 4 ARE DELETED AS PER
ORDER DATED 01.07.2024.
...RESPONDENTS
(BY SRI. K.P. BHUVAN, ADVOCATE FOR RESPONDENT NO.1;
VIDE ORDER DATED 01.07.2024 RESPONDENT NOS.2 TO 4
ARE DELETED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 18.01.2013
PASSED IN O.S.NO.3385/2009 ON THE FILE OF THE XXXVII
ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE,
DISMISSING THE SUIT FOR DECLARATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Respondent No.1 has filed an affidavit stating that she
has vacated and handed over vacant possession of tenanted
premises to appellant-landlord after taking out all her
belongings.
2. It is submitted by learned counsel appearing for
both parties that parties have entered into compromise, in
terms of which, respondent No.1 has agreed to handover
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vacant possession of appeal premises on receipt of sum of
Rs.5,00,000/- from appellant.
3. Respondent No.1 admits receipt of demand draft for
a sum of Rs.5,00,000/-.
4. Parties are present and are identified by their
respective counsel.
5. On interaction, they stated that they have been
explained terms of compromise and after understanding same,
they have affirmed same out of their free will and volition
without there being any threat, coercion or undue influence
from anybody.
6. I have perused terms of settlement. Same are
found to be lawful.
7. Compromise petition is taken on record. Appeal is
disposed off in terms of compromise petition.
8. Registry to draw decree incorporating the terms of
compromise.
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9. In view of disposal of appeal, pending I.As., if any,
are also disposed off.
Sd/-
JUDGE
PMR
