Karnataka High Court
Ramanna vs V Leeladhara Reddy on 6 July, 2017
Author: B.Veerappa
Bench: B. Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF JULY 2017
BEFORE
THE HON'BLE MR. JUSTICE B. VEERAPPA
MFA No.402 OF 2017 (CPC)
BETWEEN:
1. RAMANNA,
S/O LATE SAMPANGI RAMAIAH,
AGED ABOUT 43 YEARS,
2. MUNIYAPPA,
S/O LATE RAMAIAH,
AGED ABOUT 67 YEARS,
3. RAJKUMAR,
S/O LATE MUNIYAPPA,
AGED ABOUT 33 YEARS,
4. RAMKUMAR,
S/O MUNIYAPPA,
AGED ABOUT 31 YEARS,
5. VENKATESHAPPA,
S/O LATE RAMAIAH,
AGED ABOUT 63 YEARS,
6. RAMESH,
S/O VENKATESHAPPA,
AGED ABOUT 36 YEARS,
7. NARAYANAPPA,
S/O LATE RAMAIAH,
AGED ABOUT 59 YEARS,
8. MUNIRAJU,
S/O NARAYANAPPA,
AGED ABOUT 34 YEARS.
ALL ARE R/O ADIGONDANAHALLI VILLAGE,
2
MUTHANALLUR POST, ATTIBELE HOBLI
AND VIA. ANEKAL TALUK,
BENGALURU URBAN DISTRICT,
PINCODE: 562 107. ...APPELLANTS
(BY SRI.ANANTHA NARAYANA B.N., ADVOCATE)
AND:
1. V. LEELADHARA REDDY,
S/O V. GOVINDA REDDY,
AGED ABOUT 49 YEARS,
R/AT DOOR NO.30,
25TH MAIN ROAD,
17TH CROSS, SARAKKI 6TH STAGE,
J.P. NAGAR,
BENGALURU - 560 078.
2. Y. MADHUSUDHAN REDDY,
S/O Y. RAJA REDDY,
AGED ABOUT 46 YEARS,
R/AT FLAT NO.203,
SHOBHA CARNET APARTMENTS,
IBBALUR JUNCTION,
SARJAPURA MAIN ROAD,
BENGALURU - 562 125. ... RESPONDENTS
(BY SRI. SANJAY GOWDA N.S., ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1 (r)
OF CPC, AGAINST THE ORDER DATED 17.12.2016
PASSED ON I.A. NO.1 IN O.S. NO.268/2016 ON THE
FILE OF THE SENIOR CIVIL JUDGE & JMFC, ANEKAL,
REJECTING I.A. NO.1 FILED U/O. 39 RULE 1 & 2 R/W
SEC.151 OF CPC.
THIS APPEAL IS COMING ON FOR ADMISSION
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
3
JUDGMENT
The present MFA is filed by the plaintiffs against the order dated 17.12.2016 passed on I.A. No.1 made in O.S. No. 268/2016 on the file of the Senior Civil Judge, Anekal rejecting the application filed by plaintiffs under Order 39 Rule 1 & 2 read with Section 151 of CPC.
2. This Court after hearing the parties in length on 16.03.2017, referred the matter to Bangalore Mediation Centre for amicable settlement and directed the parties to appear before the Bangalore Mediation Centre on 25.03.2017.
3. The Bangalore Mediation Centre has reported by a letter dated 26.06.2016, addressed to the Registrar General of this Court that, the matter is settled between the parties under Section 89 of Code of Civil Procedure, 1908 read with Rules 24 & 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The said report is placed on record. 4
4. The terms of the memorandum of settlement entered into between the parties on 17.06.2017 before the Bangalore Mediation Centre reads as under.
"1. The parties above named to submit as follows:
I. The Appellants herein who are the plaintiffs filed a suit in O.S. No.268/2016 on the file of the Senior Civil Judge & JMFC, Anekal for declaration and for cancellation of JDA dated 29.09.2006 and for other reliefs. The said suit is pending, aggrieved by the orders dated 17.12.2016 and IA 1 in the aforesaid suit, the above appeal is preferred by the Appellants against the Respondents.
II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. In the course of mediation the appellants and the respondents with their respective counsels have participated in the mediation proceedings and have resolved their dispute and agreed to the following terms and conditions:
1. The parties state that in addition to and in continuation of a registered joint development agreement dated 29.09.2006 entered into between the appellants and the respondent No.1 on 16.06.2017, the appellants and the 1st respondent have entered into a supplemental agreement 5 incorporating all the agreed terms therein. All the parties i.e. the appellants and Respondent No.1 undertake and agree to abide to the terms of the above said joint development agreement and the supplemental agreement. The copies of the joint development and supplemental agreement are enclosed herein. The 2nd respondent is a consenting witness for the same.
2. In view of the above settlement, the appellants herein who are the plaintiffs in O.S. 268/2016 on the file of Civil Judge, Anekal undertake to file a necessary memo before the Hon'ble Court for the withdrawal of the said case on its next hearing date.
III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dispose off the above appeal, in terms of the aforesaid agreement. IV. Parties will appear before the Hon'ble Court for passing orders in terms of the agreement.
Sd/-
1. Ramanna Sd/-
2. Muniyappa Sd/-
3. Rajkumar M. 6 Sd/-
4. Ramkumar Sd/-
5. Venkateshappa Sd/-
6. Ramesh Sd/- Sd/-
7. Narayanappa R. 1. Leeladhara Reddy V. Sd/- Sd/-
8. Muniraju 2. Y. Madhusudhan Reddy Appellants Respondents Sd/- Sd/-
Advocate for Advocate for
Appellants Respondents
VERIFICATION
We, the parties above named do hereby solemnly state and declare that what is contained in paragraphs I to IV are true to the best of our knowledge, belief and information. Sd/-
1. Ramanna Sd/-
2. Muniyappa Sd/-
3. Rajkumar M. Sd/-
4. Ramkumar 7 Sd/-
5. Venkateshappa Sd/-
6. Ramesh Sd/- Sd/-
7. Narayanappa R. 1. Leeladhara Reddy V. Sd/- Sd/-
8. Muniraju 2. Y. Madhusudhan Reddy Appellants Respondents Place: Bengaluru Dated: 17.06.2017"
5. In terms of memorandum of settlement entered into between the parties, the parties in addition to and in continuation of a registered joint development agreement, dated 29.09.2006 entered into between the appellants and the first respondent on 16.06.2017, the appellants and the first respondent have entered into a supplemental agreement incorporating all the agreed terms there in. All the parties i.e., the appellants and respondent No.1 under take and agree to abide by the terms of the above said joint development agreement and the 8 supplemental agreement. The copies of the joint development and supplemental agreement are enclosed as part of the memo. Second respondent is signed as witness for the same.
6. Both the parties agreed that, in view of the settlement between the parties, the present appellants who are the plaintiffs in O.S. No. 268/2016 undertakes to file necessary memo before the Hon'ble Court for withdrawal of the said case on its next date of hearing.
7. Both the parties before the mediation centre agreed that the present appeal has to be disposed in terms of memorandum of understanding between parties. The memorandum of settlement filed before the Bangalore Mediation Centre is duly signed by both the respondents and appellants and their respective counsels on 17.06.2017. The memorandum of settlement, the joint development agreement and supplemental agreement dated 16.06.2017 entered into between the parties are part 9 and parcel of the memorandum of settlement entered into between the parties and the same are placed on record.
The MFA is disposed off in terms of memorandum of settlement along with the joint development agreement and supplemental agreement entered into between the parties.
Ordered accordingly.
SD/-
JUDGE PN/BVK