Karnataka High Court
Mrs Tara R Jain vs Dr Rekha Matta on 5 September, 2019
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2019
PRESENT
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR
REGULAR FIRST APPEAL NO.991 OF 2019 (RES)
BETWEEN:
MRS TARA R JAIN,
W/O RAKESH JAIN,
PROPRIETOR MINDSTAR,
I.E.,PLAY SCHOOL
(PLANET KIDS INITIALLY,
KINDER CASTLE AS OF NOW)
AT NO.22, LAKSHMI ROAD,
SHANTHINAGAR,
BANGALORE-560 027. ... APPELLANT
(BY SRI GOWTHAM A.R, ADVOCATE FOR;
SRI BASAVARAJ S, ADVOCATE)
AND:
DR. REKHA MATTA,
D/O LATE MEGHARAJ MATTA,
AGED ABOUT 50 YEARS,
C/O PRASAD,
NO.14, 3RD CROSS,
AMAR LAYOUT,
DEEPA HOSPITAL ROAD,
K R PURAM EXTENTION,
BANGALORE-560 036. ... RESPONDENT
(BY SRI P D SURANA, ADVOCATE)
****
-: 2 :-
THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER
XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED: 25.01.2019 PASSED IN OS.NO.6798/2016 ON THE FILE
OF THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY,DECREEING THE SUIT FOR DAMAGES AND
VACANT POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is listed for orders.
2. Learned counsel for the respective parties submit that the parties have arrived at a settlement and the appeal could be disposed of in terms of the settlement arrived at between the parties.
3. The defendant in O.S. No.6798/2016 has preferred this appeal assailing the judgment and decree dated 25.01.2019 passed by the LII Additional City Civil & Sessions Judge, Bengaluru City. By the said judgment and decree, the suit filed by the respondent/plaintiff has been decreed with cost. The appellant/defendant has been directed to quit, vacate and hand over vacant possession of the suit schedule property to the plaintiff within three months from the date of the order by removing the -: 3 :- temporary structures put up by her without damaging the building.
4. The appellant/defendant is also directed to pay a sum of Rs.1,00,000/- per month as damages to the respondent/plaintiff from the date of termination of tenancy till handing over vacant possession of the suit schedule property to the plaintiff.
5. Learned counsel for the respective parties submit that during the pendency of the appeal, the parties have arrived at a settlement and an application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, has also been filed and the appeal may be disposed of in terms of the settlement arrived at between the parties. They further submit that the parties are present before the Court and they have identified them.
6. We note that the parties are present in Court and they have been identified by their respective counsel. When queried, they state that they have arrived at a settlement in the matter on their own volition without there being any undue influence or coercion from any quarter. They further submit that the appeal could be -: 4 :- disposed of in terms of the settlement of compromise arrived at.
7. The memorandum of compromise is taken on record. It is noted that the same has been signed by the appellant and respondent and their respective counsel.
8. The memorandum of settlement reads as under:
"The parties named above humbly submits as follows:
1. That the Judgment and Decree dated 25.01.2019 made in O.S.No.6798/2016 on the file of Court of the LII Addl. City Civil and Sessions Judge at Bangalore City (CCH No.53) which directs eviction of the Appellant from the schedule property and granting the relief of mesne profits and costs in favour of Respondent and against Appellant is hereby confirmed.
2. That time is granted to the Appellant to vacate voluntarily and hand over vacant possession of the suit schedule property (also described in schedule hereunder) on or before 30.11.2019. The Appellant undertakes to deliver the suit schedule property to the Respondent on or before 30.11.2019 and under no -: 5 :- circumstances she will seek extension of time to vacate the premises.
3. That the Appellant shall pay mesne profits as directed by judgment and decree made in O.S.No.6798/2016 till 25.01.2019. From 26.01.2019 the Appellate shall pay the mesne profits for the use and occupation of schedule property at the rate of Rs.90,000/- (Rupees Ninety Thousand Only) per month till she vacates the premises.
4. . The Appellant shall pay the entire arrears of decreetal amount as per the judgment and decree made in O.S.No.6798/2016 on or before 16.09.2019, without default to the Respondent by way of Banker's Cheque or Demand Draft. In case of default the time granted to the Appellant to vacate the premises shall not ensure to her benefit and the Respondent is at liberty to execute the judgment and decree in O.S.No.6798/2016, in case of default in making the payment as aforesaid.
5. That the Appellant shall clear the charges payable to BESCOM towards consumption of electricity in regard to schedule property till vacating of schedule property. Similarly the Appellant shall pay water consumption and sanitary charges to BWSSB till the vacating of schedule property.-: 6 :-
6. That the Appellant shall file undertaking before this Hon'ble Court to comply with the terms of the above compromise.
SCHEDULE All that piece and parcel of property bearing No.22 Lakshmi Road, Shanthinagar, Bengaluru - 560 027, measuring East to West: 66 feet and North to South: 80 feet, with building / structures and bounded on the:
East by : Property bearing No.21, Lakshmi Main Road (old site No.8) West By : Property bearing No.23, Lakshmi Main Road North By : Lakshmi Main Road (formerly 30 ft.
Main Road) South By : Property No.6 and 7 Basappa Road (formerly Nanjappa Layout)"
9. We have perused the same. On perusal of the same, we find that the same is lawful. The appellant and respondent submit that they abide by the terms of the settlement arrived at between them. We find there is no legal impediment to accept the settlement and dispose of the appeal in terms of the settlement arrived at between the parties.-: 7 :-
10. In the circumstances, the impugned judgment and decree of the trial Court is modified by the terms of settlement arrived at between the parties.
11. The Regular First Appeal is disposed of in the aforesaid terms in view of the settlement arrived at between the parties.
Office to refund 75% of the court fee paid by the appellant to the appellant, as per Section 66 (2) (c) of the Karnataka Court Fees and Suits Valuation Act, 1958.
Office to draw a decree in the aforesaid terms.
In view of disposal of the appeal, pending applications stand disposed.
Sd/-
JUDGE Sd/-
JUDGE SJ