Sri. Brijesh Kalappa vs Smt. Shobha H P
2026 Latest Caselaw 154 Kant

Karnataka High Court

Sri. Brijesh Kalappa vs Smt. Shobha H P on 9 January, 2026

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                                                            NC: 2026:KHC:1257
                                                         RFA No. 1362 of 2023


                   HC-KAR




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 9TH DAY OF JANUARY, 2026

                                            BEFORE
                   THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
                      REGULAR FIRST APPEAL NO. 1362 OF 2023 (EJE-)
                   BETWEEN:

                      SRI. BRIJESH KALAPPA
                      S/O MR. P.M. KALAPPA,
                      AGED ABOUT 51 YEARS,
                      RESIDING AT NO. 50/6, PALACE ROAD,
                      NEXT TO NATIONAL ART GALLERY,
                      QUEENS HOSPITAL ROAD,
                      VASANTHNAGAR,
                      BENGALURU - 560 001.
                                                                 ...APPELLANT
                   (BY MS. CHANDINI S, ADVOCATE AND
                       SRI. PRANAV RAVI MILASH ARROL NORONHA, ADVOCATE)

                   AND:
Digitally signed
by
SHARADAVANI           SMT. SHOBHA H.P.
B
Location: High
                      W/O J.P. NARAYANASWAMY,
Court of              AGED ABOUT 44 YEARS,
Karnataka
                      R/O NO. 11, 1ST CROSS,
                      ACHAIAHSHETTY LAYOUT,
                      SADASHIVANAGARA,
                      BENGALURU - 560 080.
                                                               ...RESPONDENT
                   (BY SRI. B.M. HALA SWAMY, ADVOCATE)

                          THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST
                   THE JUDGMENT AND DECREE DATED 15.04.2023 PASSED IN
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                                          NC: 2026:KHC:1257
                                      RFA No. 1362 of 2023


HC-KAR




OS.NO. 5507/2020 ON THE FILE OF THE LXVIII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, PARTLY
DECREEING THE SUIT FOR EJECTMENT.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM


                     ORAL JUDGMENT

The captioned appeal is filed by the tenant assailing

the decree wherein the appellant/defendent is directed to

pay arrears of rent to the tune of ₹4,50,000/-.

2. This matter was adjourned to today at the request

of the parties to enable them to explore the possibility of

an amicable settlement. It is placed on record that though

the decreetal amount is ₹4,50,000/-, the appellant/tenant

and the respondent/plaintiff have mutually agreed to

resolve the dispute for a reduced sum of ₹3,00,000/- in

full and final settlement of all claims arising out of the

decree under challenge.

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3. Pursuant to the said settlement, today the

appellant/tenant has tendered a cheque bearing

No.205091 dated 09.01.2026, drawn on Karnataka Bank

Ltd., Shrirampuram Branch, for a sum of ₹3,00,000/-,

towards full satisfaction of the decreetal dues. The said

cheque is handed over in open Court to the learned

counsel appearing for the respondent/plaintiff, Sri B.H.

Halaswamy, who acknowledges receipt thereof.

4. Learned counsel for the respondent/plaintiff, on

instructions, submits that in view of the aforesaid payment

and the settlement arrived at between the parties, the

respondent has no objection for giving a quietus to the

proceedings and for disposal of the appeal in terms of the

settlement.

5. Recording the voluntary and amicable settlement

arrived at between the parties, the appeal stands disposed

of, subject to realisation and clearance of the cheque

issued by the appellant/tenant. It is made clear that in the

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HC-KAR

event the cheque is dishonoured or not encashed for any

reason, liberty is reserved to the respondent/plaintiff to

seek revival of this appeal and for appropriate orders in

accordance with law.

6. The Registry is directed to refund the court fee to

the appellant in accordance with law, upon clearance of

the cheque.

Sd/-

(SACHIN SHANKAR MAGADUM) JUDGE

HDK List No.: 1 Sl No.: 6 CT: BHK