The First Appeal was disposed of based on a joint compromise filed during the pendency of the appeal. The respondent handed over vacant possession and keys to the landlord (appellant) in open court.
The compromise application was allowed. The respondent was directed to hand over vacant possession and keys, which was done in open court.
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.
NC: 2023:KHC:36768 RFA No. 125 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO.125 OF 2020 (EJE)
BETWEEN:
SRI. P V SANDEEP KUMAR S/O P VENKATASWAMY REDDY AGED ABOUT 34 YEARS, RESIDING AT NO.212, 4TH CROSS, UCO BANK LAYOUT, 20TH MAIN ROAD, BTM LAYOUT, 1ST STAGE BENGALURU - 560 029
…APPELLANT
(BY SRI. H P LEELADHAR, ADVOCATE)
AND:
SMT. BHAGYALAKSHMI W/O LATE NARESH BABU AGED ABOUT 48 YEARS Digitally RESIDING AT NO.10 signed by MADHURI S HOUSE NO.4, FIRST FLOOR Location: High 12TH CROSS, MARUTHI NAGAR Court of MADIWALA, Karnataka BENGALURU - 560 068
…RESPONDENT
(BY SRI. G.V.SHASHIKUMAR, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE PRAYING TO a) SET ASIDE THE JUDGMENT AND DECREE DATED 29.08.2019 PASSED BY THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-5) IN O.S.NO.5046/2013 AND DECREE THE SUIT OF THE PLAINTIFF BY ALLOWING THE APPEAL IN THE INTEREST OF JUSTICE; b) ANY OTHER RELIEF OR RELIEFS AS THE HON'BLE
NC: 2023:KHC:36768 RFA No. 125 of 2020
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE ENDS OF JUSTICE.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant/land lord under Section 96 of CPC for setting aside the judgment and decree dated 29.08.2019 passed in O.S.No.5046/2013 by IX Additional City Civil and Sessions Judge, Bengaluru.
appellant and respondent appeared before the Court along with their respective counsel and filed joint compromise application.
and petition before this Court in Crl.P.No.7135/2023 and respondent unconditionally agreed to deliver and handover
NC: 2023:KHC:36768 RFA No. 125 of 2020
the vacant possession of the suit schedule property to the appellant today itself.
Accordingly, appeal is disposed of in terms of the compromise between the parties.
Draw decree accordingly.
Sd/JUDGE
MDS
List No.: 1 Sl No.: 23.2
1 provisions across 1 enactments
P V Sandeep Kumar
Bhagyalakshmi
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
