Krishna Rao v. Sri Jayashankar
Case brief
What is this about?
Karnataka High Court, Bengaluru; NC: 2026:KHC:10816; RFA No. 255 of 2017 (INJ); Regular First Appeal under Sec. 96 CPC; decided 21.02.2026 by Justice G Basavaraja (oral judgment). Compromise/settlement disposal under Order XXIII Rule 3 CPC of an appeal against decree dated 25.10.2016 in O.S. No. 4807/2008, XIV Additional City Civil Judge, Bangalore (CCH-28), decreeing suit for possession and mandatory injunction. Parties: Krishna Rao (since dead, by LRs Premabai S., Santosh Kumar K., Sandeep Kumar K.) v. Jayashankar. Stay application I.A. 1/17 under Order XLI Rule 5 CPC. Settlement: handover of suit schedule property 01.03.2026 to 01.09.2026; Rs. 18,00,000 (Eighteen Lakhs) full and final settlement; 12% p.a. interest on default; court fee refund to both parties. Advocates: Mallikarjun N.K. for Sampath A. (appellants); Nagaiah and Vinay G. (respondent).
What did the court decide?
Appeal disposed of in terms of the compromise petition: Appellants to hand over the suit schedule property in as-is-where-is condition between 01.03.2026 and 01.09.2026; Respondent to pay Rs. 18,00,000 as full and final settlement within the same period, failing which interest at 12% per annum for the defaulted period with Appellants entitled to remain in possession until full payment; court fees of both parties to be refunded in accordance with law; decree to be drawn accordingly.