Sri D Karthigeyan vs Sri Raja B
2025 Latest Caselaw 9123 Kant

Karnataka High Court

Sri D Karthigeyan vs Sri Raja B on 14 October, 2025

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                               -1-
                                                       NC: 2025:KHC:40661
                                                     RFA No. 2058 of 2025


               HC-KAR



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 14TH DAY OF OCTOBER, 2025

                                         BEFORE
                      THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
                      REGULAR FIRST APPEAL NO.2058 OF 2025 (RES)
               BETWEEN:

               SRI D KARTHIGEYAN
               S/O SRI S DORAIRAJ,
               AGED ABOUT 45 YEARS,
               R/AT NO.8, MOUNU GURU MUTT ROAD,
               COXTOWN, THIMMAIAH GARDEN,
               BANGALORE-560 005.
                                                             ...APPELLANT
               (BY SRI. GEORGE PHILIP, ADVOCATE)
               AND:

               SRI RAJA B
               S/O LATE SRI M BALAN,
               AGED ABOUT 68 YEARS,
               R/AT NO.561, 2ND MAIN, 1ST CROSS,
               SADANANDHA NAGAR, BAIYPANAHALLI,
Digitally      INDIRANAGAR,
signed by      BANGALORE - 560 038.
CHANDANA                                                   ...RESPONDENT
BM
Location:      (BY SRI. P.B. RAJU, ADVOCATE)
High Court
of Karnataka        THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
               THE JUDGMENT AND DECREE DATED 01.08.2025 PASSED IN
               OS NO.25305/2024 ON THE FILE OF LXXIII ADDITIONAL CITY
               CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU,
               (CCH-74), PARTLY DECREEING THE SUIT FOR EJECTMENT.

                   THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
               JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                        -2-
                                                       NC: 2025:KHC:40661
                                                    RFA No. 2058 of 2025


 HC-KAR




CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR


                             ORAL JUDGMENT

This appeal by the defendant in O.S.No.25305/2024 is

directed against the impugned judgment and decree dated

01.08.2025 passed by the LXXIII Additional City Civil and Special

Judge, Mayo Hall Unit, Bangalore, whereby the said suit filed by

the respondent - plaintiff against the appellant - defendant for

ejectment / eviction was decreed by the Trial Court in favour of the

plaintiff against the defendant by directing the defendant to vacate

and hand over vacant possession of the suit schedule property to

the plaintiff and also pay a sum of ₹5,70,000/- towards arrears of

rent and future mesne profits / damages at ₹15,000/- per month

from the date of the suit till handing over of possession of the suit

schedule property by the defendant to the plaintiff.

2. On 09.10.2025, this Court passed the following interim

order:

"Heard learned counsel for the appellant and learned counsel for the respondent and perused the material on record.

The appellant, Mr. D. Karthigeyan is physically present before the Court and submits that he has no objection for the

NC: 2025:KHC:40661

HC-KAR

respondent to enter and take possession of the suit schedule property immediately, forthwith.

Learned counsel for the respondent on instructions submits that in view of the submission made by the appellant, the respondent would withdraw execution proceedings and would take over possession of the suit schedule property and report the same before this Court on the next date of hearing.

The aforesaid submissions are placed on record.

Registry is directed to print the name of learned counsel, Sri. P.B. Raju and Sri. G.V. Babu as counsel for the respondent in the cause list.

Re-list on 14.10.2025 at 2:30 p.m."

3. In pursuance of the aforesaid interim order, the

respondent - plaintiff has taken over possession of the suit

schedule property on 09.10.2025 at 05.55 p.m. and a memo in this

regard is filed as hereunder:

"It is respectfully submitted, that pursuant to the court order dated 09/10/2025 the respondent visited the Scheduled Property at about 5-40 PM and noticed that it was locked the respondent has break open the lock and entered and taken possession of the Scheduled Property on 09/10/2025 at 5-55 PM the same is video recorded / photographs from the video is annexed.

The taking of possession of the Scheduled Property will be intimated to the Execution Court on the date of 10/11/2025. The arrears of rent is due as claimed in the

NC: 2025:KHC:40661

HC-KAR

Execution petition is not paid till date. This memo be taken on record, it would be in the interest of justice and equity."

4. The appellant - defendant admits and acknowledges

the fact that the respondent - plaintiff has taken over possession of

the suit schedule property on 09.10.2025 at 05.55 p.m. and that the

appellant shall not hinder, obstruct or interfere with the

respondent's possession and enjoyment of the suit schedule

property. The appellant and respondent have filed a Joint

Memorandum of settlement / compromise signed by both of them

as well as their respective counsel. The said Joint Memorandum of

Settlement / Compromise reads as under:

"JOINT MEMORANDUM OF SETTLEMENT / COMPROMISE UNDER ORDER 23, RULE 3 OF THE CODE OF CIVIL PROCEDURE The plaintiff / respondent and the defendant / Appellant jointly respectfully submit as follows :-

1. That at the intervention of well-wishers, they have amicably, settled the matter in terms here under and respectfully pray that this Hon'ble Court may record the compromise and dispose of the appeal in terms thereof.

2. The plaintiff / respondent, who is the landlord, had instituted the suit O.S.No.25305/2024 against the tenant / defendant / appellant herein for arrears of rent and for ejectment from the suit schedule property. The suit upon

NC: 2025:KHC:40661

HC-KAR

contest was decreed on, 01-08-2025 directing payment of Rs.5,70,000/- and further damages at the rate of the Rs.15,000/- per month from the date of the suit till handing over vacant possession and that the defendant / appellant shall vacate and deliver vacant possession of the suit schedule property within a period of one month. As the defendant did not comply with the order of the court, the respondent / plaintiff has filed execution case number Ex.25142/2025 pending on the file of the Additional City Civil and Sessions Judge, Mayohall, Bengaluru, CCH No.74.

3. The defendant / appellant however would prefer RFA No.2058/2025, challenging the judgement and decree passed in the original suit. When the matter was taken up by the honourable High Court on 9th of October 2025, the defendant agreed before the Hon'ble High court that he has no objection for the plaintiff / respondent / landlord to take possession of the suit schedule property and accordingly, pursuant to orders passed by the court, recording such submission, the plaintiff/respondent has taken possession of the suit schedule property on 09th October 2025 at 5:55 PM, and the same has been reported to this Hon'ble Court on 14th October 2025.

4. As regards the arrears of rent, the defendant / Appellant agreed to pay a sum of Rupees One lakh to the plaintiff / respondent within one week from this day and has also undertaken that the court fee of Rs.62,375/- paid by him under the memorandum of appeal can be paid to the plaintiff / respondent in full and final settlement of the arrears of rents

NC: 2025:KHC:40661

HC-KAR

and all dues payable to the Respondent by the Appellant in respect to the matter. The respondent has consented for the same. The plaintiff / respondent submits that upon receipt of the said sum and the court fee paid by the appellant, the same would be Intimated to the executing court on the next date of hearing and the execution petition would be accordingly withdrawn / closed.

5. It is further agreed that if the defendant / appellant does not pay the agreed sum of Rs.1,00,000/- within one week from this day that is on or before 23-10-2025, then the entire rental as claimed in the execution case would become payable.

6. The plaintiff / respondent prays that the court fee paid by the plaintiff in the O.S.No.25305/2024 on the file of Additional City Civil and Sessions Judge, Mayohall, Bengaluru, CCH.No.74 sum of Rs.84,300/- be refunded to the plaintiff.

7. The defendant / appellant undertakes that he shall not in any manner, interfere, hinder, or obstruct the plaintiff and his family members peaceful possession and enjoyment of the suit schedule property.

8. It is humbly prayed that the registry of the High Court and trial court be directed to refund court fee paid on the appeal and in the suit both to be paid to the plaintiff / respondent, as agreed, and in terms of this settlement.

In witness whereof both the parties have set their hands to this memorandum of settlement compromise this day, 14th day of October 2025 at Bangalore"

NC: 2025:KHC:40661

HC-KAR

5. As can be seen from the aforesaid Joint Memorandum

of settlement arrived at between the parties, the appellant -

defendant has undertaken to pay a sum of ₹1,00,000/- to the

respondent - plaintiff within a period of one week from today. Both

parties have also agreed that the entire Court Fee of ₹62,375/- paid

by the appellant before this Court on the Memorandum of Appeal

may be directed to be disbursed / released in favour of the

respondent - plaintiff by way of the instant settlement. So also,

parties have agreed that the entire Court fee of ₹84,300/- paid by

the respondent - plaintiff on the memorandum of plaint before the

Trial Court may be directed to be refunded back to the respondent -

plaintiff by way of settlement. In view of the aforesaid facts and

circumstances, the appeal deserves to be disposed of in terms of

the Joint Memorandum of settlement arrived at between the

parties.

6. In the result, I pass the following:

ORDER

(i) The appeal is hereby disposed of in terms of

the Joint Memorandum of settlement dated 14.10.2025.

NC: 2025:KHC:40661

HC-KAR

(ii) The impugned judgment and decree dated

01.08.2025 passed in O.S.No.25305/2024 by the

LXXIII Additional City Civil and Special Judge, Mayo Hall

Unit, Bangalore, is hereby modified.

(iii) The appellant acknowledges the fact that the

respondent - plaintiff has taken over vacant possession

of the suit schedule property from the appellant - defendant

on 09.10.2025 at 05.55 p.m.

(iv) The appellant shall not interfere with /

obstruct or hinder the peaceful possession and enjoyment

of the respondent - plaintiff and his family members over

the suit schedule property henceforth under any

circumstances whatsoever.

(v) The Registry of this Court is directed to

refund the Court fee of ₹62,375/- paid on the

Memorandum of Appeal to the respondent - plaintiff

forthwith, without any delay.

(vi) So also, the Registry of the Trial Court is

directed to refund the entire sum of ₹84,300/- paid by the

respondent - plaintiff on the memorandum of plaint back to

NC: 2025:KHC:40661

HC-KAR

the respondent - plaintiff, immediately upon receipt of a copy

of this order, without any delay.

(vii) The respondent - plaintiff is hereby directed to

withdraw the execution proceedings.

(viii) The Executing Court before whom

E.P.No.25142/2025 is filed shall close the said execution

proceedings in view of the settlement arrived at between the

parties.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE

SV