Karnataka High Court
M/S. Murugan Silks vs Sri.P.A.Niranjan on 29 March, 2016
Bench: N.Kumar, B.Veerappa
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MARCH 2016
PRESENT
THE HON'BLE MR. JUSTICE N.KUMAR
AND
THE HON'BLE MR. JUSTICE B.VEERAPPA
R.F.A.No.290/2016
BETWEEN :
M/s Murugan Silks
No.800 (Upstairs),
Pobbathi Buildings,
Chickpet, Bengaluru-560 053,
Rep. by its Partner
Sri K.A. Madhusudhan. ...APPELLANT
(By Sri V.B.Shiva Kumar, Adv.)
AND :
1. Sri P.A.Niranjan
Aged about 55 years,
S/o Late P.S. Ashwathanarayana,
R/at No.3123, 19th Cross,
2nd Main, BSK 2nd Stage,
Bengaluru-560 070.
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2. Sri P.A.Srinath
Aged about 48 years,
S/o Late P.S. Ashwathanarayana,
R/at No.2, Vasavi Temple Road,
Vishveshwarapuram,
Bengaluru-560 004.
3. Sri P.L. Vijaya Kumar
Aged about 49 years,
S/o Late P.S. Lakshminarayana,
R/at No.2, Vasavi Temple Road,
Vishveshwarapuram,
Bengaluru-560 004.
4. Sri P.B. Parthasarathy
Aged about 65 years,
S/o Sri P. Balaramaiah Setty,
Rep. by his power of attorney holder,
Sri P.B. Govindarajulu,
S/o P. Balaramaiah Setty,
Aged about 82 years,
No.26, M.T. Road, Chickpet,
Bengaluru-560 053. ...RESPONDENTS
(By Sri R.A.Chandrashekara Reddy, Adv. for
Sri H.S.Dwarakanath, Adv. for C/R-1 to 4.)
. . . .
This R.F.A. is filed under Section 96 (1) of the
CPC, 1908 against the judgment and decree dated
21.11.2015 passed in O.S.No.1422/2009 on the file of
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the XXV Addl. City Civil and Sessions Judge,
Bengaluru, partly decreeing the suit for ejectment.
This R.F.A. coming on for admission, this day,
N.Kumar J., delivered the following:
JUDGMENT
This regular first appeal is preferred by the defendant challenging the judgment and decree of the Trial Court, which has decreed the suit of the plaintiff for possession, arrears of damages and for damages.
2. Today, the parties have filed a compromise petition under Order XXIII Rule 3 of CPC. It reads as follows:
"The appellant and the respondents in the above case, have amicably settled the inter-se dispute, inter-se among themselves and have set down the terms of compromise, as hereunder:-4-
1. The Appellant has requested the Respondents for grant of time upto 10/04/2017, to quit, vacate and hand over vacant possession of the non-
residential premises more fully described in the schedule given to this Compromise Petition.
2. The Respondents have agreed to grant time upto 10/04/2017 to the Appellant, for handing over vacant possession of the premises subject to the Appellant complying with the condition of payment of damages as contemplated in this compromise petition.
3. The Appellant has undertaken that he will not cause any inconvenience in handing over vacant possession of the premises to the respondents, as agreed and that he will not induct any third party and will not create third party rights in respect of the premises.
-5-4. The Appellant and Respondents agree that the damages payable shall be Rs.15,000/- (Rupees Fifteen Thousand only) per month from the date of suit till the date of vacation of the schedule premises. The arrears of damages for the period commencing from the date of suit till 29/02/2016 shall be paid in 6 monthly installments commencing from 01/05/2016. Apart from the arrears, every month damages at the rate of Rs.15,000/- for the said month shall be paid by way of Demand Draft by the Appellant to the Respondents. The damages for the month commencing from 01/03/2016 shall be paid on or before 01/04/2016 and damages for subsequent period shall be paid on or before 1st of each succeeding month.
5. The Appellant undertakes that he would voluntarily vacate the premises on or before 10/04/2017 without forcing the -6- Respondents to file Execution Petition. The Appellant through its partner Sri K.A.Madhusudan has undertaken that the property shall be kept in good condition and will not do any structural changes/alternation of any kind. No third party shall be allowed to occupy the same, that it shall not be sub-let and there would be no need to file execution petition and the appellant shall voluntarily deliver the possession before 10.04.2017. Schedule to the plaint shall be substituted by the Schedule to this compromise memo.
6. The extension of time agreed to in this compromise petition for the Appellant to vacate is subject to the Appellant filing an Affidavit within 15 days from this date before this Hon'ble Court undertaking to vacate and hand over vacant possession on or before 10/04/2017 without forcing the Respondents to file execution petition -7- or within 5 days from the date of making any default in payment of damages.
7. In terms of the aforesaid compromise, the Appellant and the Respondent respectfully pray that this Hon'ble Court may be pleased to dispose off the above appeal as settled outside the court by recording the compromise, in the interest of justice and equity."
3. The appellant is represented by its partner Sri.K.Madhusudan, who is present before the Court.
Respondents 1, 2, 3 and the Power of Attorney of the 4th respondent Sri.P.B.Govindarajulu are present. Both of them admit the execution of the compromise petition.
4. We have gone through the terms of the compromise. It is lawful. In that view of the matter we pass the following order:
-8-Appeal is allowed in terms of the compromise petition confirming the judgment and decree passed by the Trial Court.
As the appeal is decided without hearing on merits, the appellant is entitled to refund of 75% of the Institution fee paid on the memo of appeal.
Sd/-
JUDGE Sd/-
JUDGE SPS