Mrs. Malathi vs Mr. V. G. Sathyan on 22 February, 2017

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Karnataka High Court

Mrs. Malathi vs Mr. V. G. Sathyan on 22 February, 2017

Bench: B.Veerappa

                                  1




    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF FEBRUARY 2017

                              BEFORE

          THE HON' BLE MR. JUSTICE B.VEERAPPA

                 R.F.A. No.1032 OF 2016 (INJ)

BETWEEN:

Mrs. Malathi,
Aged about 68 years,
W/o late Sadanandan,
R/of No.21, Ground Floor,
2nd Cross, Daddanakkundi Extn.,
Chinnappanahalli,
Bengaluru - 560037.                              ... Appellant

(By Sri. Narayana K., Adv.)

AND:

Mr. V.G. Sathyan,
Aged about 44 years,
S/o Sri. Govindan V.U.,
R/of Veriambattu House,
Thiroor Post,
Mulangunnathukavu,
Trichur District,
Kerala - 680 581.                               ... Respondent

(By Sri. G.V. Anjaneya Gowda, Adv.)

     This appeal is filed under Section 96 R/w Order XLI of
CPC, against the Judgment and Decree dated: 16.03.2016
passed in O.S. No. 4065/2010 on the file of the XVIII Addl. City
                                        2




Civil and Sessions Judge, Bengaluru, dismissing the suit for
permanent injunction and possession.

       This appeal coming on for orders this day, the Court
delivered the following

                                 JUDGMENT

This appeal is filed against the judgment and decree dated 16.03.2016 in OS No.4065/2010 on the file of XVIII Addl. City Civil Judge at Bengaluru City (CCH.No.10) dismissing the suit of the plaintiff for permanent injunction.

2. When the matter came up for orders before this Court, this Court by its order dated 11.11.2016 referred the matter for mediation. Both the parties were directed to appear before the Mediation Centre on 26.11.2016. Now the matter has been settled before the Mediation Centre and report is sent to that effect by the Bangalore Mediation Centre to this Court. According to the memorandum of settlement U/s 89 r/w rule 24 and 25 of the Karnataka Civil Procedure Mediation Rules 2005, the parties have amicably settled the issue. In terms of the settlement 3 arrived at before the mediation centre the respondent, by virtue of the sale deed dated 5.6.2000 registered as document No.1969-2000/01 in book No.1 pages 244-250 in the office of the sub-registrar K.R. Puram, Bengaluru is the absolute owner of suit schedule property and appellant admits the same. The respondent has agreed to pay a sum of Rs. 15,00,000/-(Rupees Fifteen Lakhs Only) by way of Demand Draft bearing No. 824442 dated 14.02.2017 drawn on State Bank of India, Trichur Town in full and final settlement. The appellant has agreed and accepted the same in the presence of the respective counsel.

3. The appellant and the respondent undertake not to interfere in the lives of one and another and shall not have any claims over moveables or immoveables of one another either in past, present or future and the appellant undertakes not to claim any right in the suit schedule property and no claims whatsoever of any other nature either past, present or future from the respondent. 4

4. Today the learned counsel for the respondent has handed over the DD bearing No. 824442 dated 14.02.2017 drawn on State Bank of India, Trichur Town to the appellant Mrs. Malathi who is present before the Court and acknowledges the same. The memorandum of settlement between the parties held before the Bangalore Mediation Centre is accepted. Accordingly this appeal is disposed of in terms supra.

SD/-

JUDGE Nm

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