M/S. Association Impex Vs Sri Muni Reddy — Karnataka HC (2025) — LawSathi Research

M/S. Association Impex Vs Sri Muni Reddy — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the memorandum of settlement arrived at before the Karnataka Mediation Centre: appellants/defendants to hand over physical vacant possession of the suit schedule property on 30.09.2025 in 'as and wear' condition and pay Rs.17,00,000/- (Rupees Seventeen Lakhs only) as full and final settlement of arrears of rents and damages — Rs.5,00,000/- already paid by DD No.539758 dated 11.09.2025 (Ujjivan Small Finance Bank, HSR Layout, Bengaluru) and Rs.4,00,000/- each by RTGS to Respondent's SB A/c No.10530100001207, UCO Bank, Koramangala Branch on 15.12.2025, 15.01.2026 and 15.02.2026; on default, respondents at liberty to work out remedies as per law and seek reopening of the appeal; Registry to draw the decree in terms of the settlement and refund the eligible Court fees to appellant No.2 on proper identification.

Issue for consideration

Whether the judgment and decree dated 01.04.2025 passed by the XL Addl. City Civil & Sessions Judge, Bengaluru (CCH:41) in O.S.No.2834/2013 decreeing eviction, arrears of rent and damages should be set aside by allowing the regular first appeal.

Court's answer

Counsel for the parties identified the parties present before the Court, who stated that the terms of the settlement were drawn and signed on their own will.

Ratio / Principle

In view of the memorandum of settlement arrived at between the parties, the appeal is disposed of.

Key takeaways

The Registry shall draw the decree in terms of the memorandum of settlement and refund the eligible Court fees in favour of appellant No.2 on proper identification.ratio¶¶70

Detailed headnote1 paragraphs

Regular First Appeal under Section 96 CPC by defendants/appellants (M/s. Association Impex and its proprietor) against the judgment and decree dated 01.04.2025 of the XL Addl. City Civil & Sessions Judge, Bengaluru (CCH:41) in O.S.No.2834/2013 decreeing eviction, arrears of rent @ Rs.20,000/- p.m. (01.06.2010 to 31.07.2012) and damages @ Rs.10,000/- p.m. When the appeal came on for orders, learned counsel for both sides reported that the matter stood resolved before the Karnataka Mediation Centre by a memorandum of settlement: physical vacant possession of the suit schedule property to be handed over on 30.09.2025 in as-is condition; Rs.17,00,000/- as full and final settlement of arrears of rents and damages, comprising Rs.5,00,000/- paid vide DD No.539758 dated 11.09.2025 and Rs.4,00,000/- each payable by RTGS on 15.12.2025, 15.01.2026 and 15.02.2026, with liberty to the respondents to work out remedies per law and seek reopening of the appeal on default; refund of court fee on the memorandum of appeal sought. The Bench (Anu Sivaraman and Vijaykumar A. Patil, JJ.; oral judgment by Vijaykumar A. Patil, J.), having perused the memorandum of settlement and satisfied itself after identification of the parties present that the settlement was signed on their own will, disposed of the appeal in terms of the settlement, and directed the Registry to draw the decree accordingly and refund the eligible Court fees to appellant No.2 on proper identification. No issue was adjudicated on merits and no precedent was considered.

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NC: 2025:KHC:42914-DB RFA No. 1697 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1697 OF 2025 (RES)

BETWEEN:

M/S. ASSOCIATION IMPEX NO.7, CAUVERY LAYOUT SUDDAGUNTE PALYA, DRC POST, BENGALURU -560 029 REP. BY ITS PROPRIETOR SRI P.VENKATESAN.

SRI. P. VENKATESAN, PROPRIETOR, M/S. ASSOCIATION IMPEX, NO.7, CAUVERY LAYOUT, SUDDAGUNTE PALYA, DRC POST, BENGALURU -560 029.

…APPELLANTS

Digitally signed by RUPA V Location: High Court Of Karnataka

(BY SRI. MADHUSUDAN M., ADVOCATE FOR SRI. V VISWANATH SETTY., ADVOCATE)

AND:

SRI MUNI REDDY S/O. LATE CHIKKA MUNISWAMY REDDY, AGED ABOUT 82 YEARS,

SRI. S. M. YOGESH S/O. MUNIREDDY, AGED ABOUT 46 YEARS,

BOTH ARE R/AT NO.25, 1ST CROSS, BHUVANAPPA LAYOUT D.R.C. POST, BENGALURU-560 029.

…RESPONDENTS

(BY SRI. T H NARAYANA., ADVOCATE FOR C/R2)

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NC: 2025:KHC:42914-DB RFA No. 1697 of 2025

HC-KAR

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.04.2025 PASSED IN OS.NO.2834/2013 ON THE FILE OF THE XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR EVICTION AND ARREARS OF RENT AND DAMAGES.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This appeal is filed seeking following reliefs:

"Wherefore, the appellants above named humbly pray that this Hon'ble Court may be pleased to call for the entire records on the file of the XL Addl. City Civil & Sessions Judge at Bengaluru City (CCH:41) in O.S.No.2834/2013 and be pleased to set aside the judgment and decree passed by the Hon'ble XL Addl. City Civil & Sessions Judge at Bengaluru City (CCH:41) in O.S.No.2834/2013 dt.1.04.2025, by allowing the above appeal, in the interest of justice."

Learned counsel appearing for the appellants

and respondents submit that the matter is resolved in the

Karnataka Mediation Centre and the memorandum of settlement is drawn.

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NC: 2025:KHC:42914-DB RFA No. 1697 of 2025

HC-KAR

3. The terms of the memorandum of settlement

reads as under:

"I. The Appellants have filed above appeal challenging the Judgment dated 01 April 2025 passed by the XL Addl. City Civil and Sessions Judge (CCH-41), Bengaluru in O.S.No.2834/2013 decreeing the suit filed by the respondent hearing by directing the Appellants to quit, vacate and handover vacant possession of the Suit Schedule Property within 2 months from the date of decree with further holding that the respondents are entitled for arrears of rent @ Rs.20,000/- per month from 01.06.2010 to 31.07.2012 and for damages @ Rs.10,000/- per month from the date of filing of the suit, till the date of vacating and handing over the vacant possession of the suit schedule property.

II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Appellants and the Respondents were present along with their respective Advocates. Both the parties after a thorough discussion with the able assistance of their respective Advocates have resolved their disputes and have agreed to the following terms and conditions:

1. Both the parties submit that both parties have agreed to amicably settle the dispute taking into consideration the duration of the litigation with uncertainty of the result and the litigation expenses.

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NC: 2025:KHC:42914-DB RFA No. 1697 of 2025

HC-KAR

2. The Appellants/Defendants shall handover the physical vacant possession of the suit schedule property on 30.09.2025 to the respondents/plaintiffs in as and wear condition.

3. The Appellants and the respondents have mutually agreed to the condition that the Appellants would be paying a sum of Rs.17,00,000/- (Rupees Seventeen Lakhs Only) towards the full and final settlement of the arrears of rents and damages as detailed herein below:

1.	DD No. 539758 dated	Rs.5,00,000/-
	11.09.2025 drawn on
	Ujjivan Small Finance
	Bank, HSR Layout,
	Bengaluru

i) The Appellants have agreed to pay Rs.4,00,000/(Rupees Four Lakhs only) by way of RTGS transfer to the SB A/c No. 10530100001207 of Respondent held in UCO Bank, Koramangala Branch, ISFC code UCBA0001053, Bengaluru on 15.12.2025.

ii) The Appellants have agreed to pay Rs.4,00,000/(Rupees Four Lakhs only) by way of RTGS transfer to the SB A/c No. 10530100001207 of Respondent held in UCO Bank, Koramangala Branch, ISFC code UCBA0001053, Bengaluru on 15.01.2026.

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NC: 2025:KHC:42914-DB RFA No. 1697 of 2025

HC-KAR

iii) The Appellants have agreed to pay Rs.4,00,000/(Rupees Four Lakhs only) by way of RTGS transfer to the SB A/C No. 10530100001207 of Respondent held in UCO Bank, Koramangala Branch, ISFC code UCBA0001053, Bengaluru on 15.02.2026.

4. The Appellants/Defendants and Respondents/Plaintiffs have agreed to the above terms regarding the receipt of payment of arrears of rents and damages. In the event the Appellants/Defendants fail to adhere to the above terms and commits default of payment the Respondents will be at liberty to work out the remedies as per law and to seek to reopen of the above appeal and proceed further in accordance with law.

5. The Respondents/Plaintiffs do not have any claim against the Appellants/Defendants apart from the amount aforementioned. Both the parties state that they have entered into this agreement on their own and there is no coercion or force from any one.

6. In view of the settlement arrived at, the parties pray that the court fee paid on the memorandum of appeal be refunded to the Appellants/Defendants for which the Respondents/Plaintiffs does not have any objection.

7. Both the parties agree to appear before the court with their proof of identity to enable the Hon'ble Court to record settlement.

6 - NC: 2025:KHC:42914-DB RFA No. 1697 of 2025

HC-KAR

III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble High Court be pleased to pass appropriate orders disposing of the above appeal in terms of this agreement. Further parties pray that the full institution fee paid on the memorandum of appeal be refunded to the Appellants.

IV. Parties shall appear before the Hon'ble High Court for passing necessary orders in terms of the agreement whenever the matter is listed before the Hon'ble Court."

We have perused the memorandum of

settlement.

Learned counsel appearing for the parties

identify the parties, who are present before the Court, and they state that the terms of the settlement is drawn and signed on their own will.

In view of the aforesaid memorandum of settlement, the appeal is disposed of .

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NC: 2025:KHC:42914-DB RFA No. 1697 of 2025

HC-KAR

The Registry shall draw the decree in terms of memorandum of settlement and refund the eligible Court

fees in favour of appellant No.2 on proper identification.

Sd/(ANU SIVARAMAN)

JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

ABK List No.: 1 Sl No.: 37