Karnataka High Court
Smt Sadguna D vs Sri Srinivasa Reddy on 10 June, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:20389
CRP No. 404 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL REVISION PETITION NO. 404 OF 2018 (SC)
BETWEEN:
SMT SADGUNA D
W/O SRI GURUMURTHY REDDY,
AGED ABOUT 59 YEARS
NO.B-3, 1ST CROSS HOODY,
MAHADEVAPURA POST,
BANGALORE-560048.
ALSO AT:
C/O YOGANDAR REDDY,
NO: A1, SITE NO. 409, 6TH STAGE,
BEML LAYOUT, KUNDANAHALLI,
MAHADEVAPURA
BANGALORE-560048.
...PETITIONER
(BY SRI. AJIT P B.,ADVOCATE)
AND:
Digitally signed
by
NARAYANAPPA SRI SRINIVASA REDDY
LAKSHMAMMA S/O MUNISWAMY REDDY,
Location: HIGH
COURT OF AGED ABOUT 63 YEARS,
KARNATAKA R/AT HOODI PLANTIFF VILLAGE,
K.R.PURAM HOBLI,
BANGALORE EAST TALUK 560048.
...RESPONDENT
(BY SRI. C V ANNAIAH.,ADVOCATE)
THIS CRP FILED UNDER SECTION 18 OF KARNATAKA SMALL
CAUSE COURT ACT, 1964 PRAYING TO TO CALL FOR RECORDS AND
SET ASIDE THE JUDGMENT AND DECREE DATED 15TH JUNE 2018 IN
S.C.NO.286/2015 ON THE FILE OF THE VIII ADDL. SCJ & XXXIII
-2-
NC: 2024:KHC:20389
CRP No. 404 of 2018
ACMM MEMBER, MACT AT BANGALORE (SCCH-5) TO SERVE THE
INTEREST OF JUSTICE AND EQUITY.
THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the
following relief:
"To call for records and set aside the Judgment and
Decree dated 15th June 2018 in S.C.No.286/2015
on the file of the VIII Addl. SCJ & XXXIII ACMM
Member, MACT at Bangalore (SCCH-5) to serve the
interest of justice and equity."
2. During the pendency of the above matter, both the
parties have entered into a compromise and have
filed a compromise petition which reads as under:
COMPROMISE PETITION UNDER ORDER 23 RULE 3
OF THE CODE OF CIVIL PROCEDURE
The Petitioner and the Respondent herein respectfully
submit as follows:
1. It is submitted that the above Civil Revision Petition is
filed challenging the judgment and decree dated
15.06.2018 in S.C.No.286/2015 on the file of the VIII
Addl Small Causes Judge and 23rd ACMM, Member-
MACT, Bengaluru.
2. It is submitted that the Respondent filed the suit
S.C.No.286/2015 against the Petitioner seeking
ejectment of the Petitioner from the property bearing
House No.B-3, 1st Cross, Hoody, Mahadevapura Post,
Bengaluru-48 (hereinafter referred to as Schedule
Property) and for recovery of the arrears of rent of
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Rs.41,000/-. The Petitioner entered appearance through
her counsel and contested the case on merits. The
Hon'ble Trail Court, vide judgement and decree dated
15.06.2018, was pleased to decree the suit directing the
Petitioner to vacate and handover possession of the
Schedule Property to the Respondent and also directed
to pay a sum of Rs.41,000/- towards the arrears of rent.
3. It is submitted that after the intervention of the well
wishers & friends the Petitioner and Respondent agreed
to put quietus to dispute in the following terms:
a. That the Petitioner/Defendant, without prejudice to
her claim and contentions in O.S.No.5803/2005 pending
on the file of the city civil and sessions judge at
Bengaluru, has agreed to vacate and handover
possession of the Schedule Property to the Respondent
within one(1) month from the date of Un this
Compromise Petition.
b. That the Respondent/Plaintiff, in consideration of the
Petitioner agreeing to vacate and hand over possession
of the Schedule Property as mentioned above, has
agreed to give up his claim towards the arrears of rent
as per the decree in SC No.286/2015.
C. That in the event the Petitioner/Defendant fails to
vacate the Schedule property within the agreed time, the
Respondent shall be entitled to take possession of the
same by filing execution petition before the Hon'ble Trial
Court.
d. That the Respondent hereby agree and declare that he
shall have no other claim against the Petitioner.
e. That the Petitioner/Defendant and the
Respondent/Plaintiff hereby declare and affirm that they
have accepted the terms of this Compromise Petition on
their own volition without any duress and coercion.
SCHEDULE PROPERTY
All that piece and parcel of the property bearing house
No. B-3, 1st Cross, Hoody, Mahadevapura Post,
Bengaluru-48 consisting of one room, one hall with
attached bath room and toilet, one kitchen, measuring
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East to West 22 feet and North and South 20 Feet and
bounded on:
East by: Vacant Land.
West by: Private Property.
North by: Plaintiff's House.
South by: Plaintiff's House.
Wherefore the Petitioner and the Respondent herein
respectfully pray that this Hon'ble Court may be pleased to
dispose of the above case in terms of the above
Compromise petition and modify the judgment and decree
passed in SC No.286/2015 S.C.No.286/2015 on the file of
the VIII Addl Small Causes Judge and 23rd ACMM, Member
MACT, Bengaluru and direct the office to refund the court
fee paid by the Petitioner in the above case to serve the
interest of justice and equity.
3. The petitioner and the respondent are personally present
before this court and are identified by their respective
counsels. On enquiry, they confirm the terms the
settlement and further confirm that they have entered
into the settlement of their own free will and volition and
there is no undue influence, coercion or duress brought
on them.
4. Being of the opinion that the terms of settlement are
lawful and are permissible to be entered into between the
parties, the terms of settlement are accepted. The order
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dated the 15.06.2018 passed by the Court of Small
Causes is modified as under:
i. The suit of the plaintiff is hereby decreed.
ii. Costs to be borne by the respective parties.
iii. The defendant has agreed to vacate and hand over
the suit schedule property to the plaintiff within one
month from today, that is, on or before 10th July
2024. The plaintiff would not be entitled to any
amount as arrears of rent or otherwise.
iv. In the event of the defendant not vacating the
premises on or before the 10.07.2024, apart from
the plaintiff being entitled to initiate execution
proceedings, the plaintiff would also be entitled to
initiation of contempt proceedings against the
defendant for violation of the undertaking filed
before this court.
Sd/-
JUDGE
LN
