Disposed

M/S Ashok Silks and Sarees v. Mr. T C Mohan

Karnataka HC9 Nov 2023RFA/1695/2023

Case brief

AI extract

What is this about?

The Regular First Appeal against an ejectment decree was disposed of on a joint compromise entered into by parties. The trial court's judgment and decree were modified per the terms, and court fees were refunded to both sides.

What did the court decide?

The appeal was disposed of by modifying the impugned decree per the compromise terms; court fees were refunded to both parties.

M/S Ashok Silks and Sarees Vs Mr. T C Mohan — Property and Title | Karnataka HC (2023)

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NC: 2023:KHC:40219 RFA No. 1695 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1695 OF 2023 (RES)

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BETWEEN:

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M/S ASHOK SILKS AND STREETS NO 110, 111 AND PORTION OF NO 112, DISPENSARY ROAD, BENGALURU - 560001 REPRESENTED BY ITS PROPRIETRIX SMT POONAM A SHAH

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ALSO AT:

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SMT POONAM A SHAH W/O SRI ASHOK M SHAH PROPRIETRIX OF M/S ASHOK SILK AND SAREES R/AT NO 704, KRISHNA APARTMENTS, BLOCK - I, NO 13, ALI ASKER ROAD, BANGALORE - 560052

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…APPELLANT

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(BY SRI. ANIL KUMAR SHETTY, FOR SRI. S. SHAKER SHETTY, ADVOCATES)

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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AND:

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MR. T C MOHAN S/O SRI T K CHANDRASHEKAR AGED ABOUT 71 YEARS R/ATN O 110, 2^ND FLOOR, DISPENSARY ROAD, BANGALORE- 560 001.

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…RESPONDENT

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(BY SRI. R.S.UMESH.,ADVOCATE)

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THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.07.2023 PASSED ON 25504/2021 ON THE FILE OF XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., PARTLY DECREEING THE SUIT FOR EJECTMENT AND MESNE PROFITS.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC:40219 RFA No. 1695 of 2023

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JUDGMENT

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This appeal arises out of the impugned judgment and decree dated 11.07.2023 passed in O.S.No.25504/2021 by the XIII Addl. City Civil and Sessions Judge, Mayohall Unit, Bengaluru, whereby, the said suit filed by the respondent – plaintiff for ejectment and other reliefs against the appellant – defendant, in relation to the suit schedule immovable property, was decreed by the Trial Court.

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The said Joint Compromise Petition reads as under:

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“COMPROMISE PETITON UNDER ORDER XXIII, RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908:

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1. The dispute between the parties has been amicably settled at the intervention of common wellwishers and friends.

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2. The Appellant has sought for time upto 30.06.2024 to quit, vacate and deliver vacant possession of the subject premises and deliver the same to the Respondent. The Respondent has agreed for the same.

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3. The Appellant has paid security deposit of Rs.5,25,000/- to the Respondent and it is mutually agreed that Respondent shall not be liable to refund the same to the Appellant and appropriate it towards mesne profits.

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NC: 2023:KHC:40219 RFA No. 1695 of 2023

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4. The Appellant has agreed that any addition to the foregoing, the Appellant shall pay a sum of Rs.12,000/per mensem towards mesne profits commencing from 01.10.2023 upto 30.06.2024 without committing any default.

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5. The Appellant undertakes to deliver vacant possession of the subject premises to the Respondent as agreed herein without committing any default and driving the Respondent into execution process and also undertakes that they shall not further sub-let or underlet any portion of the Schedule property.

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6. The parties have obtained respective legal advice and have voluntarily agreed upon the terms of the compromise after understanding the implications thereof. 7. The parties affirm that subject to due compliance of the agreed terms recorded in this compromise, they shall have no further claims against each other.

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Wherefore, it is jointly prayed that this Hon’ble Court may be pleased to dispose of the above appeal in terms of this compromise petition and order refund of court fee to the appellant".

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Both the parties are present before the court and have been identified by their respective counsel. Further, they admit that they have signed the compromise petition.

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Being satisfied that the compromise is lawful, in my view, the appeal deserves to be disposed of in terms of the compromise

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NC: 2023:KHC:40219 RFA No. 1695 of 2023

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petition by suitably modifying the impugned judgment and decree passed by the Trial Court.

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In the result, I pass the following:

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ORDER

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i) Appeal is disposed off in terms of the compromise

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petition.

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ii) The Impugned judgment and decree dated 11.07.2023, passed by the Trial Court in O.S.No.25504/2021 is accordingly modified, in terms of the compromise petition.

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iii) Registry of this Court is directed to refund the entire court fee paid on memorandum of the appeal, back to the appellant forthwith, without any delay.

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iv) Registry of the Trial Court is also directed to refund the entire court fee paid on the plaint back to the respondent – plaintiff, without any delay.

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DHA List No.: 1 Sl No.: 56

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Sd/JUDGE

M/S Ashok Silks and Sarees v. Mr. T C Mohan

Case brief

What is this about?

What did the court decide?

M/S Ashok Silks and Sarees v. Mr. T C Mohan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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