The High Court of Karnataka allowed an appeal against an eviction decree based on a compromise petition filed by both parties. The impugned judgment was set aside, and parties were directed to bear their own costs.
The appeal was allowed in terms of the compromise petition; the impugned judgment and decree were set aside; parties to bear own costs.
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 19TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR. JUSTICE M.I.ARUN
RFA NO.779 OF 2020 (EJE)
BETWEEN :
SRI. G.VENKATESH S/O N.GANESH AGED ABOUT 51 YEARS R/AT NO.1077/1 APPAYYANNA CROSS HOSA BEEDI YELAHANKA OLD TOWN BENGALURU – 560 064 … APPELLANT
(BY SRI. G.RAMANA, ADVOCATE)
AND :
SRI. Y.S. RANGASWAMY S/O LATE HALINA SUBBANNA AGED ABOUT 65 YEARS R/AT KHB COLONY HALINGA SUBBANNA LAYOUT GANDHINAGAR, YELAHANKA BENGALURU – 560 064 … RESPONDENT
(BY SMT. NAGARATHNA S.K., ADVOCATE FOR C/R)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 19.12.2019 PASSED IN OS.NO.7980/2018 ON THE FILE OF THE XLI
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ADDITIONAL CITY CIVIL JUDGE, BANGALORE DECREEING THE SUIT FOR EJECTMENT.
THIS RFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Parties have filed a compromise petition under Order XXIII Rule 3 read with Section 151 of CPC on 19.07.2021 setting out the terms of compromise between them. Learned counsel for the appellant and learned counsel for the Caveator/respondent are present. The parties are present in Court today and they have been duly identified by their respective Counsel. Both the parties state that they have read the compromise petition and they have understood the contents of the same. They pray that the appeal may be allowed in terms of the compromise petition.
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ORDER
(i) The appeal is allowed in terms of the compromise petition dated 19.07.2021;
(ii) The judgment and decree dated 19.12.2019 passed by XLI Additional City Civil Judge, Bangalore in O.S.No.7980/2018 is hereby set aside;
(iii) Parties to bear their own costs;
(iv) Office to draw the modified decree accordingly.
(v) Pending I.As. do not survive and they stand disposed of.
Sd/-
JUDGE
hkh.
3 provisions across 1 enactments
Sri. G.Venkatesh
Sri. Y.S. Rangaswamy
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
