Karnataka High Court
H Umapathi vs Jayashankar on 28 April, 2017
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
REGULAR FIRST APPEAL NO.1705/2016
Between:
H.Umapathi S/o Hanumaiah
Aged about 63 years
R/at No.12, 3rd B Main Road
Cholurupalya, Magadi Road
Bangalore-560023. ...Appellant
(By Sri.A.V.Gangadharappa, Advocate)
And:
Jayashankar
S/o Late c.Ashwathanarayana
Aged about 45 years
R/at No.1, 1st Cross, Vijayanagara,
Bangalore-560040. ... Respondent
(By Sri.Vinay.G, Advocate for
Sri.Nagaiah, Advocate)
This RFA is filed under Section 96 of CPC, against
the judgment and decree dated 10.08.2016 passed in
OS.No.4806/2008 on the file of the XXV Additional City
Civil And Sessions Judge, Bengaluru, decreeing the suit
for possession, mandatory injunction and damages.
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This RFA coming on for orders this day, the Court
made the following:
ORDER
This is a defendant's first appeal calling in question correctness and legality of the judgment and decree passed by the XXV Additional City Civil and Sessions Judge, Bengaluru in O.S.No.4806/2008 dated 10.08.2016 whereunder the suit filed by respondent-
plaintiff for ejectment, mandatory injunction and damages against defendant came to be decreed.
2. Parties have filed a compromise petition under Order XXIII Rule 3 of CPC agreeing to the terms and conditions indicated therein, which reads as under:
1. The appellate/defendant has paid a sum Rs.12,00,000-00 (Twelve lakhs) to the respondent in the following manner, namely:
(a) Demand draft bearing No.177171 for Rs.2,50,000/- dated 20/04/2017 -3-
(b) Demand draft bearing No.177172 for Rs.2,50,000/- dated 20/04/2017
(c) Demand draft bearing No.177173 for Rs.2,00,000/- dated 20/04/2017
(d) Cheque on Janatha Seva Co-operative Bank Ltd., Vijayanagara Branch, Bengaluru bearing No.017453 for Rs.2,50,000-00 dated 19/04/2017 &
(e) Cheque bearing No.585280 for Rs.2,50,000/- dated 19/04/2017 on Bangalore City Co-operative Bank Ltd., Chamarajapete, Bangalore to the plaintiff towards full and final settlement of all the claim of the respondent in the suit schedule property.
2. The respondent hereby admits and acknowledges the receipt of Rs.12,00,000-00 (Twelve Lakhs) from the appellant in the manner aforesaid, towards full and final settlement of all his claim over the suit schedule property. The respondent admits that the appellant Umapathi is the absolute owner in possession and enjoyment of the -4- suit schedule property and that the respondent/plaintiff Jayashankar, his heirs, successors and assigns and all persons who claim interest and title in the suit schedule property under Jayashankar respondent/plaintiff, shall have no manner of right, title and interest in and over the suit schedule property. The respondent/plaintiff further admits that he has no other property adjacent to the suit schedule property.
3. The respondent/plaintiff shall execute a deed of conveyance in favour of the appellant/defendant in respect of the suit schedule property on or before 31/05/2017. In case the respondent/plaintiff fails to execute the deed of conveyance in favour of the appellant, the appellant shall be at liberty to get the document executed and registered at the cost of the respondent/plaintiff through the Commissioner to be appointed by the trial Court.
-5-4. The respondent hereby unconditionally withdraws the suit O.S. No.4806/2006 which was filed by him in the Court of the XXV Additional City Civil and Sessions Judge (CCH. NO.23) Bangalore and has no objection to dismiss the suit as settled out of Court.
5. In substitution of the decree passed by the Court of the XXV Additional City Civil and Sessions Judge (CCH. No.23) Bangalore in O.S.No.4806/2006, there shall be a decree dismissing the suit O.S.No.4806/2006. The parties shall bear their respective costs throughout.
3. Parties are present before Court. They admit the execution of the compromise petition. They have also stated that, after having understood the conditions of the compromise, which was explained to them by their respective learned advocates in Kannada language and after having understood the same, they have affixed -6- their signatures voluntarily without any force or threat and out of their will and volition.
4. Respondent present before Court also submits that he has received Rs.12 lakhs from the appellant as indicated in the compromise petition in full and final settlement of his claim and has also admitted the fact that appellant is the absolute owner in possession and enjoyment of the suit property as stated in the terms of the compromise petition.
Sri.A.V.Gangadarappa, learned advocate appearing for appellant and Sri.Vinay.G, learned advocate appearing for respondent in token of having identified the parties present before Court have also affixed their signatures.
5. In that view of the matter, this Court finds there is no impediment for accepting the compromise petition. Accordingly, compromise petition stands accepted. Hence, the following order:
-7-(i) Judgment and Decree passed in O.S.No.4806/2008 on 10.08.2016 by the XXV Additional City Civil and Sessions Judge, Bengaluru stands modified in terms of the compromise set out in the compromise petition.
(ii) Registry to draw the decree in terms of settlement as indicated in compromise petition.
(iii) Parties to bear their respective costs.
Registry is directed to refund 75% of the Court fee to the appellant on proper identification by issuing cheque forthwith.
SD/-
JUDGE dn/mbm