The High Court of Karnataka allowed a Regular First Appeal filed under Section 96 of CPC. The appeal was disposed of based on a joint compromise agreement where the appellant undertook to withdraw criminal proceedings and the respondent handed over possession of the property.
Compromise application allowed; appeal disposed of accordingly; decree to be drawn.
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. 132 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.132 OF 2020 (EJE)
BETWEEN:
SRI. P V SANDEEP KUMAR S/O P VENKATASWAMY REDDY AGED ABOUT 34 YEARS, R/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:
Digitally signed by MADHURI S Location: High Court of Karnataka
D SAMPATH KUMAR SON OF SRI B. DAVID AGED ABOUT 51 YEARS, RESIDING AT NO.10A 2ND FLOOR, 11TH CROSS, MARUTHI NAGAR, MADIWALA 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 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.5042/2013 AND DECREE THE SUIT OF THE PLAINTIFF BY ALLOWING THE APPEAL IN THE INTEREST OF JUSTICE.
NC: 2023:KHC:36768 RFA No. 132 of 2020
THIS APPEAL, COMING ON FOR ADMISSION, 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.5042/2013 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 the vacant possession of the suit schedule property to the appellant today itself.
NC: 2023:KHC:36768 RFA No. 132 of 2020
Accordingly, appeal is disposed of in terms of the compromise between the parties.
Draw decree accordingly.
Sd/JUDGE
MDS List No.: 1 Sl No.: 23.3
1 issue framed by the court
Whether to allow the regular first appeal filed by the landlord under Section 96 of CPC after a joint compromise agreement was reached in court.
1 provisions across 1 enactments
Sri. P V Sandeep Kumar S/o P Venkataswamy Reddy
D Sampath Kumar
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
