Disposed

Sri Sudarshan Prasad v. Sri Ramanath Rai

Karnataka HC28 Nov 2023RFA/2243/2023

Case brief

AI extract

What is this about?

The High Court disposed of the first appeal filed by a defendant in an ejectment suit based on a Joint Memo of compromise. The appeal originally challenged a decree for ejectment; the court accepted the parties' settlement terms, modifying the judgment to enforce vacating the property and paying mesne profits without further court intervention.

What did the court decide?

Appeal disposed of based on Joint Memo of compromise; parties directed to vacate property and pay mesne profits; court fees refunded.

Sri Sudarshan Prasad Vs Sri Ramanath Rai — Execution and Attachment | Karnataka HC (2023)

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NC: 2023:KHC:43033 RFA No. 2243 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^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. 2243 OF 2023 (RES)

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BETWEEN:

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SRI SUDARSHAN PRASAD S/O LATE SRI. C E NAGARAJ, AGED ABOUT 59 YEARS, R/O FLAT NO. SFC -603, 6^th FLOOR, PURVA SUNFLOWER APRATMENT, SFC BLOCK NO. 236/4, WARD NO. 121 BINNYPET WARD METRO STATION, MAGADI MAIN ROAD, BENGALURU 560 023.

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…APPELLANT

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(BY SRI. BASAVANNA K .M.,ADVOCATE)

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AND:

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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SRI RAMANATH RAI S/O LATE SRI. VENKAPPA RAI AGED ABOUT 60 YEARS, R/O NO. 270, 67^th CROSS, V BLOCK, RAJAJINAGAR, BENGALURU NORTH BENGALURU 560 010.

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SMT. LATHA RAI W/O SRI. RAMANATH RAI AGED ABOUT 53 YEARS, R/O NO. 270, 6^th CROSS, V BLOCK, RAJAJINAGAR, BENGALURU NORTH

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BENGAURU 560 010.

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M/S JABM ONESOURCE PVT LTD., NO. 224/186/24 I FLOOR, II MAIN ROAD, NEELADHARI (NILA) INVESTMENT LAYOUT, BETTADASANPURA , ELECTRONIC CITY, PHASE I, BENGALURU 560 100 REPRESENTED BY ITS MANAGING DIRECTOR/ DIRECTORS.

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…RESPONDENTS (BY SRI. Y. RAJENDRA PRASAD SHETTY, ADVOCATE FOR C/R-1 & R-2)

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NC: 2023:KHC:43033 RFA No. 2243 of 2023

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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 27.09.2023 PASSED IN OS NO.3973/2022 ON THE FILE OF XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR EJECTMENT.

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

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JUDGMENT

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This appeal by defendant No.2 in O.S.No.3973/2022 is directed against the impugned judgment and decree dated 27.09.2023 passed by the XII Addl. City Civil & Sessions Judge, Mayohall Unit, Bengaluru, whereby the said suit filed by the respondent Nos.1 and 2 – plaintiffs against the appellant – defendant No.2 and respondent No.3 – defendant No.1, for ejectment and other reliefs in relation to the suit schedule immovable property was decreed by the Trial Court in favour of respondent Nos.1 and 2 – plaintiffs against appellant – defendant No.1.

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Appellant and respondent No.2 have filed a Joint Memo of compromise. The said Joint Memo reads as under:

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“The above named appellant and respondents No.1 and 2 beg to submits as follows:

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NC: 2023:KHC:43033 RFA No. 2243 of 2023

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The above said appellant and respondent No.1 and 2 in the appeal have amicably settled the above case / appeal on the following terms and conditions as follows:

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1. The appellant has agreed / undertakes to vacate the suit schedule property / flat by virtue of the judgment and decree passed in O.S.No.3973/2022 by the Hon’ble XII Addl. City Civil and Sessions Judge (CCH-27), Bengaluru dated 27.09.2023 within 6 months from today i.e., from 28.11.2023 to 27.05.2023 before this Hon’ble Court.

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2. The appellant has agreed for payment of damages/mesne profit a sum of Rs.25,000/- (Rupees Twenty Five thousand only) per month which includes maintenance charges in respect of the suit schedule property to the respondent No.1 and 2 on or before 28^th of every month remit directly in their joint Account No.10977266658, IFSC Code: SBINOOOO813, State Bank of India, Bengaluru through RTGS / NEFT.

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3. The appellant further undertakes that, he will not seek any further extension of time in any circumstances for vacating the suit schedule premises / flat.

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4. The appellant undertakes that, in the event of any default for payment of damages / mesne profit in any month to the respondent No.1 and 2 are entitle for executing the decree against the appellant forthwith.

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5. The appellant undertakes that, he will withdraw the case O.S.No.2653/2022 filed against the respondent

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4 - NC: 2023:KHC:43033 RFA No. 2243 of 2023

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No.1 and 2 and others on the file of City Civil and Sessions Judge, Bengaluru.

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6. The appellant undertakes that, he will voluntarily vacate the suit schedule premises / flat and hand over the key and possession to the respondent No.1 and 2 owners of the flat without giving any scope for executing the decree without dragging the proceedings he shall hand over the suit schedule premises / flat in good condition on or before 27.05.2024.

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Wherefore, it is prayed that this Hon’ble Court may be pleased to dispose the above said appeal by virtue of this joint memo filed by the appellant and respondent No.1 and 2, in the interest of justice.”

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The undertaking affidavit to comply with the terms of the compromise is also filed on behalf of the appellant and the said affidavit reads as under:

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“ I, Sudarshan Prasad S/o Late Sri. C.E.Nagaraj, aged about 59 years, R/o. Flat No.SFC-603, 6^th Floor, Purva Sunflower Apartment, SFC Block No.236/4, Ward No.121, Binnypet Ward Metro Station, Magadi Main Road, Bengaluru – 560 023., do hereby solemly affirm and state as follows:-

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1 .I am the appellant in the above said appeal, I know the facts and circumstances of the case, Hence, I state as follows.

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2. I state that I undertakes to vacate the suit schedule property / flat within 6 months from today i.e.,

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28.11.2023 and hand over the suit schedule property to the respondent No.1 and2 on or before 27.05.2024 and hand over the key to them in respect of suit schedule property. I undertakes that, I will pay monthly damages mesne profit of Rs.25,000/- p.m. (Rupees Twenty Five Thousand only) which includes maintenance charges to the respondent No.1 and 2 on or before 28^th of every month directly remit in their joint Account No.10977266658, IFSC Code: SBIN000813, State Bank of India Bengaluru through RTGS/NEFT.

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3. I state that, I undertakes that, I will not seek any further extension of time in any circumstances for vacating the suit schedule premises/flat.

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4. I state that, in the event of any default for payment of damages/mesne profit in any month to the respondent No.1 and 2 are entitle for executing the decree against me immediately.

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5. I state that, what is undertaking in the joint memo are true and correct.

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What is stated above in para No.1 to 5 are true and correct to the best of my knowledge and information belief. “

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The said Joint Memo of compromise has been duly

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signed by the appellant as well as his counsel and by respondent Nos.1 and 2 and their counsel.

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Appellant and respondent Nos.1 and 2 are physically present before the Court and they admit that they have executed

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6 - NC: 2023:KHC:43033 RFA No. 2243 of 2023

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the Joint Memo of compromise voluntarily. All parties have accepted the terms and conditions of the Joint Memo of compromise and they are identified by their respective counsel.

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Being satisfied with the terms and conditions contained in the Joint Memo of compromise, the appeal stands disposed of in terms of the Joint Memo of compromise by modifying the impugned judgment and decree passed by the Trial Court and substituting the same with the terms and conditions of the said Joint Memo of compromise. Registry is directed to draw up decree accordingly.

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Registry of this Court is directed to refund the entire (100%) Court fee paid by the appellant on the Memorandum of Appeal back to the appellant, forthwith, without any delay.

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Registry of the Trial Court is directed to refund the entire (100%) Court fee paid by the respondent Nos.1 and 2 – plaintiffs on the plaint back to the respondent Nos.1 and 2 – plaintiffs immediately upon receipt of a copy of this order.

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Sd/JUDGE

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List No.: 1 Sl No.: 35

Sri Sudarshan Prasad v. Sri Ramanath Rai

Case brief

What is this about?

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Sri Sudarshan Prasad v. Sri Ramanath Rai

Case brief

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