Court disposed of a First Appeal where parties settled the matter under Order 23 Rule 23 CPC. The appellant was directed to get the deposit refunded and the entire court fee was refunded. Appeal dismissed as settled.
Registry directed to refund the deposited amount from ING Vysya Bank to appellant and refund entire court fee paid on appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10TH DAY OF JULY 2012
BEFORE
THE HON’BLE MR. JUSTICE A S BOPANNA
REGULAR FIRST APPEAL NO. 1782/2011
BETWEEN:
SRI D. NANJAPPA, AGED ABOUT 80 YEARS, S/O. LATE SRI NANJUNDAPPA, R/AT NO. 32, 3RD CROSS, 16TH ‘C’ MAIN ROAD, 4TH BLOCK, KORAMANGALA, BANGALORE – 560 034
... APPELLANT
(BY SRI B.N. JAYADEVA, ADV.)
AND:
... RESPONDENTS
(BY SRI N.K. SUDHAKAR, ADV. FOR SRI N.K. SHIVARAJU FOR R1 & R2)
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THIS RFA IS FILED UNDER SECTION 96, READ WITH ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.08.2011 PASSED IN O.S.NO.9271/2004 ON THE FILE OF THE III ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR POSSESSION, PERMANENT INJUNCTION, DAMAGES REJECTING THE SUIT FOR MESNE PROFITS.
THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The defendant in O.S. No. 9271/2004 has filed this appeal claiming to be aggrieved by the judgment and decree dated 22.08.2011 passed in the said suit. The suit in question was filed for ejectment and permanent injunction. The suit was decreed by the Court below at the initial stage. When the appeal was entertained by this Court stay of execution was granted subject to the appellant depositing a sum of Rs. 1,75,000/- before this Court. The said amount is ordered to be kept in Fixed Deposit in ING Vysya Bank.
settled the matter amongst themselves and have filed a joint petition
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under Order 23, Rule 23 of CPC indicating the terms of settlement, the same is made a part of the records. From the terms agreed therein, it is seen that the appellant herein has handed over possession of the suit premises to the respondents and have received refund of the advance amount of Rs. 3,00,000/- which was with the respondentlandlords. The parties are present before this Court and on being questioned have agreed that they are aware of the nature of the settlement and they are satisfied with the same. The settlement is in accordance with law, the same is accepted. Since the parties have settled the matter amongst themselves and the respondent admits that no other amount is due to the respondent from the appellant, the appellant would now be entitled to receive refund of the amount which has been deposited before this Court. Hence, the registry is directed to realize the amount from the ING Vysya Bank, if the same is deposited and repay the same to the appellant herein.
themselves and also keeping in view that when such settlements are
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entered into between the parties, as envisaged under Section 89 of Civil Procedure Code, the appellant is entitled for refund of the entire Court fee paid on this appeal. Registry is directed to refund the same.
Sd/JUDGE
ST
3 issues framed by the court
Whether the appeal is maintainable after the parties have settled the matter among themselves under Order 23 Rule 23 CPC.
Whether the appellant is entitled to refund of the court fee paid under Section 89 CPC due to the settlement.
Whether the appellant is entitled to the refund of the amount deposited before this Court subject to the settlement.
3 provisions across 1 enactments
SRI D. NANJAPPA
MRS.KHEMAR MUSTAQ
MR. MOHD. MUSTAQ AHMED
A S BOPANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
