Disposed

Sri. Syed Aweza Ahmed v. Sri. Shaju Koshy

Karnataka HC10 Jul 2023RSA/1875/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a Regular Second Appeal under Section 100 of the CPC based on a Memorial of Settlement reached through mediation under Section 89, leaving the parties with no further claims and directing refund of court fees.

What did the court decide?

The Regular Second Appeal was disposed of in terms of the Memorandum of Settlement; registry directed to draw decree and refund court fees.

Sri. Syed Aweza Ahmed Vs Sri. Shaju Koshy — Service and Employment | Karnataka HC (2023)

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NC: 2023:KHC:23772 RSA No. 1875 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 1875 OF 2018 (POS)

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BETWEEN:

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SRI. SYED AWEZA AHMED, S/O SRI SYED JEELANI, AGED ABOUT 42 YEARS, R/O NO.7, K4 S MANSION, RAJAPUT B BLOCK, N.R. MOHALLA, MYSURU-570 007. AND ALSO AT: DOOR NO.44, RAJENDRANAGARA MAIN ROAD, N.R.MOHALLA, MYSURU - 570 007.

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…APPELLANT

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(BY SRI.BASAVANNA.K.M., ADVOCATE FOR SRI.M.V.HIREMATH, ADVOCATE)

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AND:

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SRI. SHAJU KOSHY, S/O LATE SRI. K.K. KANJUKOSHY, Digitally signed by THEJASKUMAR N AGED ABOUT 56 YEARS, Location: HIGH R/O FLAT NO.3/88, S.R. REGENCY, COURT OF KARNATAKA SATHYANAGAR, II CROSS, RAMAPURAM, CHENNAI - 600 089.

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…RESPONDENT

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(BY SRI.NILE.A.P., ADVOCATE FOR SRI. PURUSHOTHAMAN.K.N., ADVOCATE FOR C/R)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.

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

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NC: 2023:KHC:23772 RSA No. 1875 of 2018

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ORDER

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Sri.Basavanna.K.M., learned counsel on behalf of

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Sri.M.V.Hiremath., for appellant has appeared through video conferencing.

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Sri.Nile.A.P., learned counsel on behalf of

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Sri.Purushotham.K.N., for caveator/ respondent has appeared in person.

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Learned counsel for the respective parties submits

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that the appeal was referred to Bengaluru Mediation Centre, Bengaluru and the parties have agreed to settle the dispute amicably. Accordingly, they have filed a Memorandum of Settlement under Section 89 of CPC R/w Rules 24 & 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 in the following manner:

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"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005

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The parties above named submit as follows:-

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I. The appellant has filed the above Regular Second Appeal against the judgment and decree dated 17.07.2018 in R.A.No.504/2016 (Old R.A.No.61/2015)

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NC: 2023:KHC:23772 RSA No. 1875 of 2018

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passed by the Court of the IV Addl. District Judge, Mysuru upholding the judgment and decree in O.S.No.1107/2012 dated 28.01.2015 passed by the III Addl. Civil Judge & JMFC at Mysuru.

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II. The above appeal was referred to mediation for resolving the dispute between the parties. The parties have participated along with their respective counsel and have resolved their dispute on the following terms and conditions:

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The Appellant is a tenant under the respondent in premises comprising two shops in premises bearing D.No.7, K4's Mansion, Rajput Block, N.R. Mohalla, Mysuru and continues to be in possession and occupation of the same. The Premises rented out to the appellant is described in the schedule hereunder and is hereinafter referred to as a Schedule Property. The agreed rent payable by the appellant to the respondent for the schedule property is Rs.2,000/- (Rupees Two Thousand Only) per month. The respondent has been running a two wheeler repairs establishment at the schedule property.

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The respondent agrees to extend the tenancy of the appellant in respect of the schedule property till 31^st July 2024. On or before the expiry of 31.07.2024 the appellant agrees and undertakes to quit and deliver vacant possession of the schedule property to the respondent or his authorized representative without causing any damage or loss to the said shops, failing which the respondent shall be

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NC: 2023:KHC:23772 RSA No. 1875 of 2018

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entitled to exercise his legal remedies as available under law.

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The appellant agrees and undertakes to continue to pay the existing agreed rent of Rs.2,000/(Rupees Two Thousand Only) per month totalling Rs.28,000/- (Rupees Twenty Eight Thousand Only) calculated till 31.07.2024 to the respondent for the schedule property. The aforesaid amount of Rs.28,000/- (Rupees Twenty Eight Thousand Only) shall be set off and deducted from the amount of security deposit of Rs.50,000/(Rupees Fifty Thousand Only) lying with the respondent. Consequently the appellant shall be deemed to have paid rents in full till 31.07.2014.

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The respondent shall refund to the appellant a sum of Rs.28,000/- (Rupees Twenty Eight Thousand Only) by a demand draft drawn in the name of the appellant being the balance amount of the security deposit referred to in paragraph No.3 (after deducting rent of Rs.28,000/- deemed to have been paid by the appellant till 31.07.2024) simultaneously with the appellant handing over peaceful and vacant possession of the schedule property to the respondent.

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The appellant undertakes to handover vacant possession of the schedule property to the respondent on or before 31.07.2024 and undertakes not to seek any further extension of time. The appellant further undertakes not to sublet or part with possession of the schedule property or any part

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NC: 2023:KHC:23772 RSA No. 1875 of 2018

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thereof to any person until he hands over vacant possession of the same to the respondent. The appellant agrees to ensure that the schedule property is handed over to the respondent in good tenantable condition subject to normal wear and tear and further agrees to ensure that no damage shall be caused to the schedule premises from this date till 31.07.2024. The appellant agrees to promptly pay all electricity bills in respect of the schedule property till he hands over vacant possession of the schedule property to the respondent namely 31.07.2024.

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The appellant agrees and confirms that he is due an owing to the appellant a sum of Rs.96,000/(Rupees Ninety Six Thousand Only) being arrears of rent till May 2023. The appellant undertakes to pay the aforesaid amount on or before 15.08.2023 by a demand draft drawn on a Bank payable at Chennai and send the same by registered post acknowledgement due to the respondent to the following address:

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Sri.Shaju Koshy Block C1, Maybell Apartments, 7^th Cross Street, ICL Home Town, Noombal, Chennai - 600 077 (Ph: 99406 59967)

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The respondent has filed an execution petition in Ex.Case.No.203/2015 before the Prl. Civil Judge and JMFC, Mysuru. Parties agree that in view of this settlement in mediation the aforesaid execution petition will be withdrawn subject to the respondent

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NC: 2023:KHC:23772 RSA No. 1875 of 2018

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being entitled to file an execution petition in the event the appellant commits default in any of the terms of this settlement. The respondent shall produce a copy of this settlement to the Hon'ble Court of the Principal Civil Judge and JMFC, Mysuru and seek withdrawal of the said execution petition.

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SCHEDULE

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Two shops premises out of the property bearing D.No.7, K4's Mansion, Rajput Block, N.R.Mohalla, Mysuru each mearing 10 feet x 12 feet and bounded on;

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East by : Private Property

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West by : The Portion of the property that has fallen to the share of Smt.Mary Joseph

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North by : Rajendranagar Main Road

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South by : The other portion of the property that has fallen to the share of Shaju Koshy.

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III. In view of the aforesaid agreement entered into between the parties, this Hon'ble Court be pleased to dispose off the above appeal in terms of the aforesaid agreement.

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IV. In view of the aforesaid agreement, the both the parties pray that the court fee paid in the respective cases be ordered to be refunded."

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Learned counsel jointly submits that the

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Memorandum of Settlement may be taken on record and the

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7 - NC: 2023:KHC:23772 RSA No. 1875 of 2018

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appeal may be disposed of in terms of the Memorandum of Settlement.

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Sri.Shaju Koshy - respondent is personally present before the Court and he has been identified by his respective counsel.

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When queried by this Court, the respondent has stated that they have indeed settled the dispute and they have arrived at compromise/ settlement and the appeal may be disposed of in terms of the compromise/ settlement arrived at by them. He further states that he has arrived at settlement on his own will and volition without there being any coercion and undue influence from any side.

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The Memorandum of Settlement is taken on record. I have perused the same with utmost care.

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On perusal of the same, this Court finds that the Memorandum of Settlement is lawful and there is no legal impediment to accept the same.

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In view of the settlement, both the parties have no claims of whatsoever nature as against each other.

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NC: 2023:KHC:23772 RSA No. 1875 of 2018

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Accordingly, the Regular Second Appeal is

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disposed of in terms of the Memorandum of Settlement.

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The Registry concerned is hereby directed to draw

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the decree in terms of the Memorandum of Settlement.

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The Registry concerned is also directed to refund the Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958.

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Sd/JUDGE

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TKN List No.: 2 Sl No.: 38

Sri. Syed Aweza Ahmed v. Sri. Shaju Koshy

Case brief

What is this about?

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Sri. Syed Aweza Ahmed v. Sri. Shaju Koshy

Case brief

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