Smt. Kasthuri R Shetty vs Mohammed Aleemulla Khan on 29 November, 2016

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Karnataka High Court

Smt. Kasthuri R Shetty vs Mohammed Aleemulla Khan on 29 November, 2016

Bench: K. N. Phaneendra

                          1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

 DATED THIS THE 29TH DAY OF NOVEMBER, 2016

                     BEFORE

  THE HON'BLE MR.JUSTICE K. N. PHANEENDRA

            R.F.A NO. 1655/2016 (RES)

BETWEEN

SMT KASTHURI R. SHETTY,
W/O LATE K. R. SHETTY,
AGED ABOUT 69 YEARS,
NO.884, GROUND FLOOR,
DR. MODI HOSPITAL ROAD,
WEST OF CHORD ROAD,
BENGALURU - 560 086.                   ... APPELLANT

(BY SRI M. R. RAJAGOPAL, ADVOCATE)

AND

MOHAMMED ALEEMULLA KHAN,
S/O JANAB ABDUL WAHEED,
AGED ABOUT 86 YEARS,
NO. 884, 1ST FLOOR,
DR. MODI HOSPITAL ROAD,
WEST OF CHORD ROAD,
BENGALURU - 560 086.

REP. BY HIS GENERAL POWER
OF ATTORNEY HOLDER,
DR. ABDUL RAHAMAN,
S/O ABDUL JABBAR,
AGED ABOUT 44 YEARS,
NO. 884, 1ST FLOOR,
DR. MODI HOSPITAL ROAD,
WEST OF CHORD ROAD,
BENGALURU - 560 086.                 ... RESPONDENT

(BY SRI NARASIMHAN Y. G., ADVOCATE FOR C/R.)
                            2

      THIS RFA IS FILED U/S 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 05.07.2016 PASSED IN
OS NO.4974/2014 ON THE FILE OF THE XXV ADDL. CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO.23),
DECREEING THE SUIT FOR EJECTMENT.

     THIS RFA COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                     JUDGMENT

The appellant and respondent are present before the Court along with their respective counsels. The respondent is represented by his General Power of Attorney Holder.

The parties have presented a joint memo before the Court and they have admitted the execution of the joint memo before this Court. In view of the joint memo, the impugned decree has to be substituted by the contents of the Joint Memo. Therefore, the Joint memo is accepted. The office is hereby directed to draw the decree in pursuance of the joint memo. So far as Paragraph No.4 of the joint memo is concerned, liberty is given to the appellant to work out the remedy, if law permits.

Accordingly, the appeal is disposed of. By virtue of the joint memo, the appellant is entitled for refund of the Court fee, if any, as admissible under law. There is no order as to cost.

Sd/-

JUDGE KGR*

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