Sri Srinivasa Vs Smt. Usha Naganna

SMT. USHA NAGANNA W/O. SRI.NAGANNA, AGED ABOUT 77 YEARS, RESIDING AT NO.735, 1^ST MAIN PHASE, 7^TH BLOCK, 2^ND ROAD, BANASHANKARI III STAGE, BENGALURU - 560 085.

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SMT. LATHA MRUTHYUNJAYANNA W/O. SRI. MRUTHYUNJAYANNA, AGED ABOUT 75 YEARS, RESIDING AT NO.315, 14^TH MAIN, M.V. EXTENSION, BENGALURU - 560 080.

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CNR: KAHC010340852026

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MS. M.ASHWINI, D/O. K.P. MUDDANNA, AGED ABOUT 45 YEARS, RESIDING AT NO. 153, 1^ST MAIN ROAD, M.L.A.LAYOUT, R.T.NAGAR, BENGALURU - 560 032.

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MS. M.SHALINI, D/O. K.P. MUDDANNA, AGED ABOUT 43 YEARS, RESIDING AT NO. 153, 1^ST MAIN ROAD N.L.A LAYOUT, R.T NAGAR, BENGALURU – 560 032.

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SRI. M.M. HARISH S/O. LATE SRI.M.H.MUDDULINGANNA AGED ABOUT 75 YEARS R/AT. NO. 159, 20^TH MAIN J.P.NAGAR, 2^ND PHASE BENGALURU – 560 078.

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SRI. M.M. MAHESH S/O. LATE SRI. M.H.MUDDALINGANNA AGED ABOUT 70 YEARS R/AT. NO.237, 18^TH CROSS SADASHIVANAGAR, BENGALURU – 560 080.

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SRI. M.M. GANESH S/O. LATE SRI M.H.MUDDALINGANNA, AGED ABOUT 65 YEARS RESIDING AT NO.45, 6 CROSS, LAVELLE ROAD, BENGALURU - 560 001.

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SMT. SHOBHA SATHYANARAYAN, W/O. SATHYANARAYAN AGED ABOUT 82 YEARS RESIDING AT NO. 144, 1^ST CROSS,

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NEHRUNAGAR, BENGALURU - 560 020.

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SRI.M.L. CHANDRASHEKAR.

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S/O. LATE SRI.M.J.LINGANNA, AGED ABOUT 89 YEARS, RESIDING AT NO.579, MAHALAKSHMIPURAM, 3^RD MAIN, BENGALURU - 560 086.

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9(a) SRI. P. SUJEETH, S/O. SRI PRABHAKARA, AGED ABOUT 49 YEARS, RESIDING AT NO.579, 3^RD MAIN, 2^ND STAGE, WEST OF CHORD ROAD, MAHALAKSHMIPURAM BENGALURU - 560 086.

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9(b) SRI.P. SUMANTH S/O. SRI.PRABHAKARA, AGED ABOUT 43 YEARS, RESIDING AT NO.579, 3^RD MAIN, 2^ND STAGE, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BENGALURU - 560 086.

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SMT. REKHA PRABHAKAR, W/O. SRI.PRABHAKARA, AGED ABOUT 74 YEARS, RESIDING AT NO.579, 3^RD MAIN, 2^ND STAGE, WEST OF CHORD ROAD MAHALAKSHMIPURAM, BENGALURU - 560 086.

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SMT. SUMITHRA ARUN, W/O. LATE SRI.M.A.ARUN, AGED ABOUT 69 YEARS RESIDING AT NO.6, VENKATESHWARANILAYA, 1^ST MAIN ROAD, 1^ST CROSS, NGEF LAYOUT, SANJAYNAGAR, BENGALURU - 560 094.

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RFA No. 1032 of 2026

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CNR: KAHC010340852026

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SRI. M.A. SUNIL, S/O. LATE SRI. M.A.ARUN, AGED ABOUT50 YEARS, RESIDING AT NO.6, VENKATESHWARANILAYA, 1^ST MAIN ROAD, 1^ST CROSS, NGEF LAYOUT, SANJAYNAGAR, BENGALURU - 560 094.

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SRI. M.A. SANDEEP, S/O. LATE SRI.M.A.ARUN, AGED ABOUT 49 YEARS R/AT NO.6 VENKATESHWARANILAYA, 1^ST MAIN ROAD, 1^ST CROSS, NGEF LAYOUT, SANJAYNAGAR, BENGALURU - 560 094.

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SRI. M.A. KUMAR, S/O. LATE SRI. M.H.APPAJI, AGED ABOUT 70 YEARS, RESIDING AT NO.26, OLD NO. 17, KANTHANILAYA, 9^TH CROSS, 7^TH MAIN, MALLESHWARAM, BENGALURU - 560 003.

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…RESPONDENTS

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(BY MS. YUKTHA ANIL, ADVOCATE C/R1 IN [CP 8698/26] AND ALSO FOR R2 TO R8, R9(a) & (b) AND R10 TO R13; V/O DATED 16/7/26-NOTICE TO R14 IS DISPENSED WITH)

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THIS RFA IS FILED UNDER SEC.96 R/W UNDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED.24.03.2026 PASSED IN OS NO.4916/2018 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH NO.27) AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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After hearing the arguments at length, the parties in the appeal have arrived at a compromise.

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Appellant and respondents Nos.1 to 13 are personally present before this Court along with their respective advocates and submitted a memorandum of compromise petition filed under Order XXIII Rule 3 of CPC.

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They have submitted that they have compromised the matter between themselves amicably on their own will and wish without any undue influence and coercion by any other third party. Therefore, requested to dispose of the appeal in terms of the compromise petition.

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Their submission and compromise petition are placed on record.

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To the compromise petition, the appellant and respondent Nos.1 to 13 have put their respective signatures and the Advocates for both the parties have

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also put their respective signatures. The compromise

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petition reads as under:

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“MEMORANDUM OF COMPROMISE PETITION UNDER SECTION 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE

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The Appellant and Respondent Nos. 1 to 8, 9(a) & (b), 10 to 13 states as follows:

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1. The parties hereto have amicably settled the matters in dispute in this appeal which arises out of Judgment and Decree in O.S. NO. 4916/2018 before the XII Additional City Civil and Sessions Judge (CCH-27), Bangalore in the manner following:

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(i) The Appellants shall vacate and deliver vacant possession of the suit schedule premises in OS. No. 4916/2018 not later than the expiry of two years commencing from the 1^st of July, 2026.

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(ii) For the period commencing 01.07.2026 during the period of occupation of the suit schedule premises, the Appellants shall pay a monthly rent of Rs. 1,50,000 plus applicable GST.

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(iii) The rent reserved and applicable GST shall, for month of July, 2026 be paid on or before 25.07.2026.

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( iv) The rents thereafter with applicable GST shall be on a pay and stay basis that is the rent for August, 2026 shall be paid on or before 05.08.2026 and so on.

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(v) In the event of the Appellant's committing default in payment of rent as per the timeline fixed herein of even one month, the time of

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two years granted by these presents shall stand cancelled and the Appellants will be liable to vacate and deliver vacant possession of the schedule premises forthwith.

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(vi) Failure to adhere to timelines for payment of rent and GST will entitle the Appellant to forthwith execute the Decree passed in terms of this compromise without any prior notice to the Appellant.

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(vii) Nothing done or not done by the Respondents will be construed as waiver of Clause (v) above.

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(viii) On the Appellant performing his obligation under this compromise, the Respondents will not execute the decree in O.S. No. 4916/2018 for a period of two years commencing from the date of this compromise.

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(ix) The Appellant covenants and undertakes that he shall not dispute the absolute title of the Respondents or any of them to the suit schedule properties at any point of time from the effective date of this compromise.

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(x) The Appellant here by agrees and undertakes to indemnify, keep in indemnified, saved and harmless the Respondents against all proceedings, costs, expenses, liabilities, injury, loss or damage arising out of the breach or negligent performance or failure in performance of the terms of this Agreement.

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(xi) The parties affirm that they have entered into this compromise, out of their own free will and volition without there being any kind of undueInfluence or coercion from anyone.

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(xii) The parties agree that this compromise is binding upon and shall enure to the benefit of the parties, their respective heirs, successorsIn-title, assigns and personal representatives.

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(xiii) This compromise shall be construed only as an extension of time granted by the Judgment and Decree in O.S. No. 4916/2018 and shall not be construed as a fresh lease.

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(xiv) The Appellant will not be entitled to alter the existing suit schedule premises or renovate the same or add any new constructions either permanent or temporary during the period of his occupation of the suit schedule premises pursuant to this compromise.

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(xv) The Appellant undertakes that he will not sublet, under-let or otherwise part with possession of the whole of any part of the suit schedule property pursuant to his right to occupy under this compromise.

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(xvi) The Appellant covenants that apart from him there is no other person or persons who have any manner of interest or right in the suit schedule property which is in his sole and exclusive enjoyment and occupation. The Appellant will be responsible for any claims made which would have the effect of negating this compromise either in whole or in part.

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(xvii) This parties agree that this compromise supersedes and invalidates all other commitments, representations and warranties relating to the subject matter hereof which may have been made by the parties either orally or in writing prior to the date hereof and which shall be rendered null and void from the from the effective date of this compromise.

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(xviii) On execution of this compromise, the Appellant hereby gives up all claims and contentions raised by him or his predecessorin-interest in respect of the suit schedule property.

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WHEREFORE, it is prayed that this Hon'ble Court may be pleased to record this compromise and modify the Judgement and Decree in O.S. No. 4916/2018 dated 24.03.2026 on the file of the XII Additional City Civil and Sessions Judge, at Bengaluru in terms of this compromise, in the interest of justice and equity.”

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5. Accordingly, the appeal is disposed of in terms

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of the compromise petition.

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Draw the decree accordingly.

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The copy of the compromise petition shall be

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read as part and parcel of the decree.

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The appellant is directed to file an affidavit within four weeks from today stating that he undertakes to vacate the schedule premises within two years from today, i.e., from 01.07.2026, and shall also abide by the terms and conditions mentioned in the compromise.

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