Karnataka High Court
Sri Mahaboob Ali Khan vs Sri D Nasirkhan on 5 February, 2014
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 5TH DAY OF FEBRUARY 2014
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
R.F.A.No.135 OF 2014 (RES)
BETWEEN:
Sri Mahaboob Ali Khan,
S/o.Late Mehmood Khan,
Aged abut 64 years,
R/at No.14, 2nd Floor,
2nd Cross, Mothinagar,
Bangalore - 560 002. ... Appellant
(By Sri S.V.Prakash, Advocate)
AND:
1. Sri D.Nasirkhan,
S/o.Late Dastagirkhan,
Aged about 52 years,
R/at No.12/2, C.M.Lane,
Jollymohalla,
Bangalore - 560 002.
2. Sri Maqsood Khan,
S/o.Late Dastagirkhan,
Aged about 50 years,
R/at No.986, 12th Cross,
BSA Road, Mangalore - 84.
3. Sri Munazir Khan,
S/o.Late Dastagirkhan,
2
Aged about 49 years,
Represented by his brother
And G.P.A.Holder
Sri D.Nasirkhan.
4. Sri Basheerkhan,
S/o.Late Dastagirkhan,
Aged about 44 years,
R/at No.16/1, Garoud Garden,
Behind Thimmappareddy Layout,
Hulimavu Gate,
B.G.Road,
Bangalore - 560 076.
5. Sri Zameerkhan,
S/o.Late Dastagirkhan,
Aged about 42 years,
R/at No.11/1, Slaughter
House Road,
Bangalore - 560 002. ... Respondents
(By Sri B.C.Tiruvengadam, Advocate for C/R1 & R2 to R5)
This RFA is filed under Section 96 CPC, against the
judgment and decree dated 2510.2013 passed in
OS.No.6145/2008 on the file of the XIV Additional City Civil
Judge, Bangalore, partly decreeing the suit for ejectment and
etc.
This RFA, coming on for admission, this day, the Court
delivered the following:
JUDGMENT
The parties have reported the joint settlement. They have filed the joint memo which is duly signed by the 3 appellant and the learned advocates for the appellant and the respondents. The appellant is present before the Court. The appellant and his signature are identified by his learned counsel. The learned counsel for the respondents Sri B.C.Tiruvengadam submits that he has the instructions to enter into the settlement. The joint memo reads as follows:
"The appellant and the respondents submits as follows:
The appellant and the respondents settled their dispute amicable by the intervention of the Court and terms of which are as follows:
1. The appellant has agreed to vacate and handover the vacant possession of the suit schedule premises on or before 31.01.2016 to the respondents voluntarily without driving them to file execution petition to execute the decree of ejection passed by the Trial Court.
2. The appellant has agreed to pay the arrears of rent from August 2006 till date at the rate of Rs.3,000/- (three thousand only) per month to the respondents within one month from today failing which the respondents are entitled to get the 4 impugned decree executed to that extent against the appellant.
3. The appellant has agreed to pay the monthly rents till 31.01.2016 to the respondents (in favour of Naseer Khan, the 1st respondent) by way of cross cheque every month without a single month default. Failing which, the appellant is liable to vacate the suit schedule premises.
4. The respondents have agreed to provide time to the appellant to vacate the suit schedule premises till 31.01.2016.
5. The appellant has agreed to file an undertaking by way of affidavit to the effect that he would vacate the suit schedule premises on or before 31.01.2016 in favour of the respondents, without seeking extension of time.
6. The appellant and the respondents have no objection to confirm the impugned judgment and decree of the trial court subject to the modification indicated above.
Wherefore, the appellant and the respondents most humbly pray that the Hon'ble Court may kindly be pleased to accept the joint memo and 5 confirm the impugned judgment and decree subject to terms stated supra and cost of the appeal may be made easy in the ends of justice and entire court fee paid on the appeal memo may be refunded to the appellant."
2. Accepting and recording the joint memo, I dispose of this appeal in terms thereof. The judgment and decree under appeal is confirmed, but subject to the terms of the joint memo extracted hereinabove.
3. The affidavit agreed to be filed as per Clause 5 of the joint memo shall be filed within one week from the date of the issuance of the certified copy of today's order.
4. Office is directed to refund the entire court fee to the appellant.
Sd/-
JUDGE Cm/-