The High Court of Karnataka disposed of a regular first appeal filed in an ejectment suit after the parties filed a Joint Memo agreeing to settle the matter out of court.
The appeal was disposed of as having settled out of court based on the Joint Memo.
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 BENGALURU DATED THIS THE 09TH DAY OF FEBRUARY 2015
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
REGULAR FIRST APPEAL No.1567 OF 2014
BETWEEN:
Smt. Yashoda S Arumugham, Wife of Dr. S. Arumugham, Aged about 65 years, Resident of No.878, 13th Main, Vinayaka Layout, Nagarabhavi II Stage, Bangalore – 560 072.
… APPELLANT (By Dr. S. Arumugham, Advocate)
AND:
Dr. Pushpalatha K.N., Aged about 58 years, Wife of Prof. Achutha Rao .P, Resident of No.1736, ‘Shubha Pradha’, M.C.Road, Vijayanagar, Bangalore – 560 040. (By Shri. Keshava .K, Advocate)
....RESPONDENT
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This Regular First Appeal filed under Section 96 read with Order XLI, Rule 1 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.06.2014 passed in O.S.No.6069/2012 on the file of the XIV Additional City Civil Judge, Bengaluru City, decreeing the suit for ejectment and damages.
This appeal coming on for Admission this day, the Court delivered the following:
JUDGMENT
The Counsel for the parties have filed a Joint Memo, which
reads as follows:
“JOINT MEMO
The appellant and the respondent begs to file this
Joint memo with the calculation:
| 1. Arrears of Rent from June 2011 to Jan 2015 (44 months) @ Rs.13,000/- |
5,72,000/- |
|---|---|
| 2. Advance Damages for 24 months From Feb-2015 to Jan-2017 @ 17,000/- per month |
4,08,000/- |
| 3. Cost of the court fee 50% paid By appellant |
19,000/- |
| __________ 9,99,000/- |
|
| 4. Less Security deposit |
1,00,000/- 8,99,000/- |
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The appellant has agreed to pay the respondent Rs.8,99,000/- which is rounded to Rs.9,00,000/-.
The appellant has agreed to pay Rs.9,00,000/- in the following manner:
a) The appellant has agreed to pay Rs.2,00,000/on 03.03.2015 by way of Demand Draft.
b) The appellant has agreed to pay remaining Balance of Rs.7,00,000/- on or before 10th of every month starting from April 2015 as Rs.1,00,000/- every month (April 2015 to October 2015), by way of Demand Draft.
c) If the appellant fail to pay the above said amount as agreed by the appellant to the respondent, the respondent is at liberty to proceed further action of evicting the appellant from the suit schedule property.
d) The appellant will keep the schedule premises in a neat and tidy condition and allow the respondent or his authorized agent to inspect periodically. The appellant will vacate and deliver possession of the schedule premises on or before 28.02.2007.
Sd/Sd/Advocate for Respondent Advocate for Appellant”
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The Joint Memo is taken on record and the appeal is
disposed of as having settled out of court. The court fee to the extent of 50%, to be refunded to the appellant, shall be paid over
to the respondent in terms of the joint memo.
Sd/-
JUDGE
nv
1 provisions across 1 enactments
Smt. Yashoda S Arumugham
Dr. Pushpalatha K.N.
ANAND BYRAREDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
