Disposed

Smt Gulabi v. Sri Munireddy

Karnataka HC8 Jun 2023RFA/310/2023

Case brief

AI extract

What is this about?

In an appeal under Section 96 CPC against a partly decreed ejectment suit, the High Court accepted a lawful compromise between the appellant and respondent. The parties agreed on possession delivery and rent payment terms, leading the Court to modify the decree and dispose of the appeal. Pending applications also stood disposed of.

What did the court decide?

The judgment and decree are modified to reflect the compromise terms: possession to be delivered by 31st July 2023 and Rs. 5,50,000 paid in installments; court fee refunded.

Smt Gulabi Vs Sri Munireddy — Property and Title | Karnataka HC (2023)

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NC: 2023:KHC:19577 RFA No. 310 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JUNE, 2023

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PRESENT

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THE HON'BLE MR JUSTICE P.S.DINESH KUMAR

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AND

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THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA REGULAR FIRST APPEAL NO. 310 OF 2023 (EJE)

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BETWEEN:

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SMT.GULABI W/O LATE MAHADEVA POOJARI AGED ABOUT 50 YEARS R/AT NO.19,2^ND MAIN, 15^TH CROSS, LAKKASANDRA BENGALURU-560 029. ALSO AT RAGHAVENDRA BAKERY NO.5/13, GROUND FLOOR 16^TH CROSS, LAKKASANDRA BENGALURU-560 030. …APPELLANT

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(BY SRI.NAGARAJA N, ADVOCATE)

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AND:

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Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA

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SRI.MUNIREDDY S/O LATE PILLAREDDY AGED ABOUT 89 YEARS R/AT NO.54, 3^RD CROSS KAVERI LAYOUT TAVAREKERE MAIN ROAD BENGALURU-560 029. …RESPONDENT

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(BY SRI.G.V.SHASHI KUMAR, ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.11.2022 PASSED IN OS No.5334/2017 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU. PARTLY DECREEING THE SUIT FOR EJECTMENT.

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- 2 - NC: 2023:KHC:19577 RFA No. 310 of 2023

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR J ., DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal under Section 96 of Code of Civil Procedure, 1908, is filed by the defendant in O.S.No.5334/2017 against the judgment and decree dated November 10, 2022 passed by XXVII Additional City Civil Judge at Bangalore City.

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Respondent herein filed the instant suit

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seeking ejectment. Suit has been decreed partly, directing the defendant to vacate and surrender vacant possession of the suit schedule property to the plaintiff within three months from the date of impugned judgment.

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Heard Shri N.Nagaraja, learned advocate for

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the appellant and Shri G.V.Shashikumar, learned advocate for the respondent.

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NC: 2023:KHC:19577 RFA No. 310 of 2023

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Smt.Gulabi, appellant and Shri Munireddy,

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respondent are present and they are identified by

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their respective advocates.

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Learned advocates on both sides jointly

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submit that during the pendency of the appeal, parties have amicably resolved the dispute. The compromise petition under Order XXIII Rule 3 read with Section 151 of CPC duly signed by the appellant,

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respondent and their respective advocates has been filed. Parties agree that they have understood the terms of the compromise. They pray that this appeal be disposed of in terms of settlement stated in the compromise petition.

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The terms of compromise read as follows:

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" MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

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The parties submit as follows:-

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1. The Plaintiff/Respondent herein had filed a suit in O.S.No.5334/2017 against the Defendant/

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NC: 2023:KHC:19577 RFA No. 310 of 2023

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appellant herein for the relief of ejectment, arrears of rent, damages, costs and such other reliefs.

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2. The Defendant /appellant herein contested the matter and after the trial the suit in O.S. No.5334/2017 came to be partly decreed with costs as per Judgment and decree directing the Defendant/appellant herein to vacate and surrender the vacant possession of the suit schedule property to the Plaintiff/ Respondent herein within three months and also directed the Defendant/appellant to pay arrears of rent as shown in the second column at para 21 of judgment, since September 2016 till the date of surrendering the vacant possession of the schedule property to the Plaintiff.

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3. The Defendant/Appellant herein has challenged the aforesaid judgment and decree dated 10/11/2022 passed in O.S.No.5334/2017 in the present appeal.

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4. That, at the intervention of well-wishers and friends the parties have arrived at settlement which is detailed herein and parties are accordingly submitting this compromise petition requesting this Hon'ble Court to record the

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NC: 2023:KHC:19577 RFA No. 310 of 2023

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same and pass appropriate orders in terms of the compromise petition.

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5. The Defendant/Appellant herein undertakes to deliver the vacant possession of the suit schedule property to the plaintiff/Respondent on or before 31^st July, 2023.

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6. The Defendant/Appellant herein undertakes to pay a sum of Rs.5,50,000/- (Rupees Five lakhs Fifty Thousand only to the plaintiff/Respondent herein, as full and final settlement towards arrears of rent and damages for use and occupation of the suit schedule property till 31^st July, 2023.

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7. The Defendant/Appellant herein agrees and undertakes to pay the aforesaid amount in two installments of Rs.2,75,000/- each ie., first installment on or before 20^th June 2023 and the second installment on or before 20^th July 2023, and failing to honor the aforesaid terms the Defendant/Appellant agrees and undertakes to pay the arrears of rent and damages as determined by the judgment and decree dated 10/11/2022 along with interest at the rate of 18% per annum.

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6 - NC: 2023:KHC:19577 RFA No. 310 of 2023

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8. The Plaintiff/Respondent herein agrees to receive the aforesaid amount as full and final settlement of all the claims against the Defendant/Appellant herein.

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9. The Plaintiff/Respondent herein is entitled to seek for the refund of the additional court fee of Rs.77,904/- paid before the Trial Court and also agrees to withdraw the Execution petition No.450/2023 after payment of the aforesaid amounts and delivery of possession of the suit schedule property and failure or non compliance of the terms of this compromise petition the Plaintiff/Respondent herein is entitled to continue the Execution Petition and the Defendant/Appellant would be liable for costs.

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10. The parties have entered into this compromise petition out of their own free will and volition and there is no threat or undue influence or coercion from anybody and further the parties agree the terms of compromise petition are fair and just. Wherefore the parties pray that this Hon'ble Court be pleased to dispose the present appeal in terms of the compromise petition and further be pleased to refund the court fee in the present appeal in favour of the Appellant herein, in the interest of justice and equity."

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7 - NC: 2023:KHC:19577 RFA No. 310 of 2023

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Appellant has also filed an affidavit

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undertaking to make the payment of Rs.5,50,000/-

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on the dates mentioned therein and to hand-over

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vacant possession of the premises on or before July 30, 2023. The said affidavit is placed on record.

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In our opinion, compromise arrived at between the parties is lawful and hence accepted. Judgment and decree dated *November 10, 2022 in O.S.No. *5334/2017 passed by the *XVIII Additional

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*City Civil Judge, *Bengaluru, shall stand modified in terms of compromise arrived at between the parties and this appeal is accordingly disposed of.

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Decree shall be drawn accordingly. Parties shall bear their own costs.

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Registry shall refund the court fee in accordance with law.

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*Corrections carried out vide Court Order dated 20.07.2023.

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NC: 2023:KHC:19577 RFA No. 310 of 2023

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In view of disposal of this appeal, all

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pending interlocutory applications do not survive for

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consideration and they stand disposed of .

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SD/JUDGE

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SD/JUDGE

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KNM List No.: 1 Sl No.: 37

Smt Gulabi v. Sri Munireddy

Case brief

What is this about?

What did the court decide?

Smt Gulabi v. Sri Munireddy

Case brief

What is this about?

What did the court decide?

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