The First Appeal filed by the landlord to set aside the judgment in the land dispute suit was disposed of by allowing the compromise. The respondent handed over vacant possession and the appellant undertook to withdraw a pending criminal case.
Appeal allowed and matter disposed of in terms of the compromise decree.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:36768 RFA No. 45 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO.45 OF 2020 (RES)
BETWEEN:
SRI. P V SANDEEP KUMAR S/O P VENKATASWAMY REDDY AGED ABOUT 34 YEARS, RESIDING AT NO.212, 4TH CROSS, UCO BANK LAYOUT, 20TH MAIN ROAD, BTM LAYOUT, 1ST STAGE BENGALURU - 560 029
…APPELLANT
(BY SRI. H P LEELADHAR, ADVOCATE)
AND:
Digitally signed by MADHURI S Location: High Court of Karnataka
SMT. BHAGYALAKSHMI W/O BASAVARAJ AGED ABOUT 48 YEARS RESIDING AT NO.10 HOUSE NO.2, GROUND FLOOR 12TH CROSS, MARUTHI NAGAR MADIWALA, BENGALURU - 560 068
…RESPONDENT
(BY SRI. G.V.SHASHIKUMAR, ADVOCATE)
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.5043/2013 AND DECREE THE SUIT OF THE PLAINTIFF BY ALLOWING THE APPEAL IN THE INTEREST OF JUSTICE.
NC: 2023:KHC:36768 RFA No. 45 of 2020
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant/land lord under
Section 96 of CPC for setting aside the judgment and decree dated 29.08.2019 passed in O.S.No.5043/2013 by IX Additional City Civil and Sessions Judge, Bengaluru.
appellant and respondent appeared before the Court along with their respective counsel and filed joint compromise application.
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.
NC: 2023:KHC:36768 RFA No. 45 of 2020
Accordingly, appeal is disposed of in terms of the compromise between the parties.
Draw decree accordingly.
Sd/JUDGE
MDS List No.: 1 Sl No.: 23.1
2 issues framed by the court
Whether the first appeal filed by the landlord under Section 96 of CPC should be allowed in light of the settlement between the parties.
Whether the compromise deed wherein the landlord undertook to withdraw a criminal case and the respondent handed over vacant possession should be accepted by the Court.
1 provisions across 1 enactments
Sri. P V Sandeep Kumar S/o P Venkataswamy Reddy
Smt. Bhagyalakshmi W/o Basavaraj
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
