Karnataka High Court
Smt Firdous Bareen vs Dr Mrs Razia Begum on 18 June, 2014
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 18TH DAY OF JUNE, 2014
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
R.F.A.NO.681 OF 2012
BETWEEN:
SMT. FIRDOUS BAREEN
W/O.MR. R.A.FAZIL
R/A. THUNDER BIRD,
118, COMMERCIAL STREET
BANGALORE 560 001
ALSO AT FLAT NO.202
RASARI APARTMENT, NO.97,
ST.JOHNS CHURCH ROAD, BANGALORE
...APPELLANT
(BY SRI M.D.RAGHUNATH, ADV.
FOR M/S.LEGAL AXIS )
AND:
DR.MRS.RAZIA BEGUM
AGED 54 YEARS
W/O.DR.MODI ANEES AHMED
R/A NO.94-2-1, INFANTRY ROAD
BANGALORE 560 001 ... RESPONDENT
(BY SRI VISHWANATH SHENDGE- ADV.,)
THIS RFA IS FILED U/SEC.96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 08.02.2012 PASSED IN
O.S.No.2254/2009 ON THE FILE OF XII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BANGALORE, PARTLY
DECREEING THE SUIT FILED FOR EJECTMENT.
2
THIS RFA COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is a defendant's appeal challenging the correctness and legality of the judgment and decree passed by XII Additional City Civil and Sessions Judge, Bangalore, dated 08.02.2012 in O.S.No.2254/2009 decreeing suit for ejectment and directing the defendant to quit, vacate and hand over vacant possession of suit schedule property to plaintiff within three months from the date of order. A further decree has been passed directing the defendant to pay mesne profits @ 15% on the existing rate of rent from 1.3.2009 up to the date of filing of the suit. Decree is also passed directing the defendant to pay arrears of rent and as regards determination of future mesne profits, separate enquiry as provided under Order 20 Rule 12 of CPC has been ordered. Today, the learned Advocates appearing for the parties have filed a compromise petition under Order 23 3 Rule 3 CPC agreeing to the following terms and conditions:
(i) The appellant consents for a decree of ejectment.
(ii) The appellant prays for five (5) months time to vacate and hand over vacant possession of the schedule property i.e. on or before 30.11.14 without driving the respondent to file any execution and further the appellant undertakes that she will not sub-let or part with the possession to any third party/ies.
(iii) The respondent in view of surrendering of the vacant possession of the schedule property by the appellant on or before 30.11.2014, give up her claim of mesne profits as 4 directed by the Trial Court in O.S.NO.2254/2009 operative till 30.11.2014. Parties shall have no claim against each other in any manner.
3. Both the parties are present before Court and they admit execution of compromise petition and they state that after having understood the contents of the compromise petition and after contents of it having been explained to them by their respective learned Advocates in the language known to them, they have affixed their signatures without any force, threat and coercion and out of their own free will and volition.
4. Learned Advocates who are present before the Court and appearing for the parties, in token of having identified the parties, who are present before the Court, have also affixed their signatures to the compromise petition. In that view of the matter, I do 5 not find any impediment to accept the compromise petition. Accordingly, it is hereby accepted.
5. In view of settlement having been arrived at between the parties under the compromise petition, as extracted above, Judgment and decree passed by Trial Court stands substituted. Registry is directed to refund the entire court fee to the appellant on proper identification, forthwith.
Ordered accordingly.
Sd/-
JUDGE rs