Disposed

Mrs Beena Bhardwaj v. Col. Kulbhushan Kumar (Retd)

Karnataka HC1 Dec 2023RFA/428/2017

Case brief

AI extract

What is this about?

This appeal against a decree for possession was disposed of as per a joint settlement memorandum. The court directed the appellant to vacate the property and granted relief for refund of court fees, while keeping pending matters in a separate case open.

What did the court decide?

Disposed of the appeal as per terms of the Joint Memorandum of Settlement. Ordered refund of 100% court fees paid by appellant and plaintiffs.

Mrs Beena Bhardwaj Vs Col. Kulbhushan Kumar (Retd) — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:43422 RFA No. 428 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.428 OF 2017 (RES)

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BETWEEN:

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MRS BEENA BHARDWAJ W/O MR ANIL KUMAR BHARDWAJ AGED ABOUT 47 YEARS R/A NO.1, 4^TH A CROSS KALYANANAGAR, 2^ND BLOCK, HRBR LAYOUT BANGALORE-560 043.

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…APPELLANT

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(BY SRI.K.S.HARISH, ADVOCATE)

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AND:

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COL. KULBHUSHAN KUMAR (RETD) S/O LATE MR SURENDER NATH BHARDWAJ AGED ABOUT 74 YEARS

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DR. (MRS) RAJINI KUMAR W/O COL.KULBHUSHAN KUMAR(RETD.) AGED ABOUT 76 YEARS

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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RESPONDENT NOS.1 AND 2 R/AT NO.1, 4^TH A CROSS, KALYANANAGAR, 2^ND BLOCK, HRBR LAYOUT BANGALORE-560 043.

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MR ANIL KUMAR BHARDWAJ S/O COL. KULBHUSHAN KUMAR AGED ABOUT 46 YEARS R/A C/O MOTOR BAY AUTOMOTIVES HORAMAVU VILLAGE, NEXT TO SBT BANK KALYANA NAGAR POST BANGALORE-560 043.

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…RESPONDENTS

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(BY SRI. R. BHADRINATH, ADVOCATE FOR R-1 & R-2; SRI. B.K. NARENDRA BABU, ADVOCATE FOR R-3)

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NC: 2023:KHC:43422 RFA No. 428 of 2017

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THIS RFA IS FILED UNDER SEC.96 READ WITH ORDER XLI OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2016 PASSED IN OS.NO.3370/2012 ON THE FILE OF THE III ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-25), DECREEING THE SUIT FOR POSSESSION AND PERMANENT INJUNCTION.

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

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JUDGMENT

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This appeal is directed against the impugned judgment and decree dated 30.11.2016 passed in O.S.No.3370/2012 by the III Addl. City Civil & Sessions Judge, Bengaluru City, whereby the said suit filed by respondent Nos.1 and 2 – plaintiffs against the appellant – defendant No.1 and respondent No.3 – defendant No.2, for possession and permanent injunction was decreed by the Trial Court and counter claim filed by the appellant – defendant No.1 for permanent injunction was dismissed by the Trial Court.

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The material on record discloses that appellant is the wife of respondent No.3 and his parents are respondent Nos.1 and 2.

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Appellant and respondents have filed Joint Memo of settlement. The said Joint Memo of settlement reads as under:

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NC: 2023:KHC:43422 RFA No. 428 of 2017

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“The parties to the above appeal jointly submit as under:

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1. The Appellant along with her daughter Ms.Methila Kumar Bhardwaj shall vacate and handover the vacant possession of the Suit Schedule ‘A’ Property to the Respondent No.1 and 2 on or before 15.08.2024, in terms of the judgment and decree dated 30.11.2016 in O.S.No.3370/2012.

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2. The Respondent No.3 is due in a sum of Rs.4,35,000 (Rupees Four Lakhs Thirty Five Thousand) to the Appellant as on 30.11.2023 in terms of the Maintenance Order dated 21.12.2013 passed by the Hon’ble District and Sessions Court, Bangalore in Crl.A.No.25025/2014, as confirmed by the Hon’ble High Court in Crl.R.P.No.9/2015 clubbed with Crl.R.P.No.10/2015 dated 26.03.2021. Towards the discharge of the entire outstanding amount, the Respondent No.3 has handed over the Cheque bearing No.370929 dated 01.12.2023, drawn on State Bank of India, Richards Town Branch, Bangalore for Rs.4,35,000 (Rupees Four Lakhs Thirty Five Thousand) favoring the Appellant and subject to realization, the Appellant hereby acknowledges the receipt of the said amount.

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3. The Respondent No.3 shall further continue to pay the future maintenance amount directly into the Appellant’s Savings Bank Account No. 50100065779862 with HDFC Bank, Kalyananagar Branch, Bangalore (IFSC No.HDFC0000353).

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NC: 2023:KHC:43422 RFA No. 428 of 2017

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4. The above terms of settlement shall be subject to the outcome of M.F.A.No.9717/2018 and the Appellant shall be at liberty to agitate all her rights in accordance with law.

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WHEREFORE, it is prayed that this Hon’ble Court may be pleased to decree the above Appeal as per the above joint terms, in the interests of justice and equity.”

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The said Joint Memo of settlement has been duly signed by the appellant as well as her counsel and by respondents and also their counsels.

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Appellant and respondent No.3 are physically present before the Court and they admit that they have executed the Joint Memo of settlement voluntarily. All parties have accepted the terms and conditions of the Joint Memo of settlement 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 settlement, the appeal stands disposed of in terms of the Joint Memo of settlement 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 settlement. It is clarified that in the event the parties do not abide

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NC: 2023:KHC:43422 RFA No. 428 of 2017

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by the terms and conditions of this Joint Memo of settlement, the parties are at liberty to execute the decree forthwith. Registry is directed to draw up decree accordingly.

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All rival contentions between appellant and respondent No.3 in MFA No.9717/2018 are kept open and no opinion is expressed on the same.

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Having regard to fact that the parties are related to each other, it is needless to state that they will maintain peace and harmony in / near the suit schedule premises and will not create any law and order problems.

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Registry is directed to refund 100% Court fee (entire court fee) paid by the appellant on the Memorandum of Appeal as per amendment to Section 66 of the Karnataka Court Fees and Suits Valuation (Amendment) Act, 2020, forthwith without any delay.

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

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NC: 2023:KHC:43422 RFA No. 428 of 2017

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Respondent No.3 has handed over a cheque for a sum

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of Rs.4,35,000/- to the learned counsel for the appellant, who

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acknowledges the receipt of the same.

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Sd/JUDGE

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SV List No.: 1 Sl No.: 3

Mrs Beena Bhardwaj v. Col. Kulbhushan Kumar (Retd)

Case brief

What is this about?

What did the court decide?

Mrs Beena Bhardwaj v. Col. Kulbhushan Kumar (Retd)

Case brief

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What did the court decide?

What the court decided

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