Allowed

P v. Sandeep Kumar v v S Srinivas

Karnataka HC10 Oct 2023RFA/41/2020

Case brief

AI extract

What is this about?

In this regular first appeal regarding a landlord-tenant dispute, the parties filed a joint compromise application during pendency. The respondent handed over vacant possession and the key of the premises to the appellant. The Court allowed the compromise and disposed of the appeal.

What did the court decide?

Application to allow compromise allowed; appeal disposed of; decree drawn accordingly.

P v Sandeep Kumar Vs v S Srinivas — Specific Performance | Karnataka HC (2023)

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NC: 2023:KHC:36768 RFA No. 41 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 41 OF 2020 (RES)

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BETWEEN:

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SRI. P V SANDEEP KUMAR S/O P VENKATASWAMY REDDY AGED ABOUT 34 YEARS, RESIDING AT NO.212, 4^TH CROSS, UCO BANK LAYOUT, 20^TH MAIN ROAD, BTM LAYOUT, 1^ST STAGE BENGALURU - 560 029

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…APPELLANT

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(BY SRI. H P LEELADHAR, ADVOCATE)

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AND:

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Digitally signed by MADHURI S Location: High Court of Karnataka

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SRI. V S SRINIVAS S/O VENKATARAYANAPPA AGED ABOUT 47 YEARS RESIDING AT NO.10, HOUSE NO.9, 12^TH CROSS, MARUTHI NAGAR, MADIWALA BENGALURU - 560 068

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…RESPONDENT

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(BY SRI. G.V.SHASHIKUMAR, ADVOCATE)

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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.5044/2013 AND DECREE THE SUIT OF THE PLAINTIFF BY ALLOWING THE APPEAL IN THE INTEREST OF JUSTICE.

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NC: 2023:KHC:36768 RFA No. 41 of 2020

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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 is filed by the appellant/land lord under

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Section 96 of CPC for setting aside the judgment and decree dated 29.08.2019 passed in O.S.No.5044/2013 by IX Additional City Civil and Sessions Judge, Bengaluru.

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During the pendency of this appeal, both

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appellant and respondent appeared before the Court along with their respective counsel and filed joint compromise application.

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As per the terms and conditions of the compromise application, the appellant unconditionally undertakes to co-operate in withdrawing the criminal case filed against the respondent, which is pending before the 32^nd Additional Chief Metropolitan Magistrate at Bengaluru

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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.

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NC: 2023:KHC:36768 RFA No. 41 of 2020

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Parties along with their respective counsel are present and respondent handed over the key of the premises in the open Court to the appellant. The same is acknowledged by the appellant and his counsel. The compromise is in accordance with law. Hence, application is allowed.

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Accordingly, appeal is disposed of in terms of the compromise between the parties.

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Draw decree accordingly.

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Sd/JUDGE

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MDS

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List No.: 1 Sl No.: 23

P v. Sandeep Kumar v v S Srinivas

Case brief

What is this about?

What did the court decide?

P v. Sandeep Kumar v v S Srinivas

Case brief

What is this about?

What did the court decide?

What the court decided

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