Second appeal along with the main appeal was disposed of by accepting the parties' compromise petition regarding a suit for ejectment and delivering vacant possession of the suit property. The appeal was allowed based on the settlement.
The appeal is allowed in terms of the compromise. Office to draw decree accordingly based on the compromise petition.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE P.N.DESAI
RFA No.343 OF 2019
BETWEEN:
BOTH ARE R/AT NO.214, 1ST FLOOR, 10TH CROSS, BEML LAYOUT, BASAVESHWARANAGAR, BENGALURU-79. ..APPELLANTS
(BY SRI.ARUN A.GADAG, ADVOCATE FOR APPELLANT NO.1, SRI.VIJAY KUMAR BHAT A., ADVOCATE FOR APPELLANT NO.2)
AND:
SRI.SHIVASHANKARAIAH S/O LATE HUCHAPPA AGED ABOUT 74 YEARS R/AT NO.214, 1ST FLOOR, 10TH CROSS, BEML LAYOUT, BASAVESHWARANAGAR, BENGALURU -79. ..RESPONDENT
(BY SRI.RAGHAVENDRA C., ADVOCATE)
2
THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.01.2019 PASSED IN O.S.NO.2875/2015 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-19, BANGALORE, DECREEING THE SUIT FOR EJECTMENT AND DELIVER VACANT POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THROUGH VIDEO CONFERENCING, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
In view of the pandemic-Covid-19, notification
dated 04.01.2022 and Standard Operating Procedure issued by the High Court of Karnataka and order passed in W.P.No.6435/2020, both the parties and their respective counsel appeared through VC.
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4
Learned counsel for the respective parties identified their respective parties and admit that the parties have
entered into compromise as per the terms filed.
I am satisfied that the compromise is free, voluntary and lawful one and not opposed to any public policy. Therefore the said application filed under Order XXIII Rule 3 CPC is accepted and allowed.
5
The Appeal is allowed in terms of the compromise. Office to draw decree accordingly. The compromise petition shall be part and parcel of decree.
Kumar Bhat shall be placed on record.
Sd/JUDGE
SBN
2 issues framed by the court
Whether the compromise petition entered by parties without pressure is valid and maintainable under Order XXI Rule 3 CPC.
Whether the compromise is free, voluntary, lawful, and not opposed to public policy.
2 provisions across 1 enactments
Sri. Chikanarayana
Smt. Geetha
Sri. Shivashankaraiah
P.N. Desai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
