- 1 - NC: 2025:KHC:17511-DB RFA No. 257 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 257 OF 2025 (EJE) BETWEEN: 1. MRS. ASHA SOMASHEKHAR W/O. MR. SOMSHEKAR. M.V., AGED ABOUT 45 YEARS R/AT NO. 8904, B BLOCK SURVEY NO. 54/2 12/80 3RD CROSS, POOJARI LAYOUT GEDDALAHALLI, RMV EXTENSION 2ND STAGE, 2ND BLOCK BENGALURU-560 094. 2. SRI. SOMSHEKAR. M. V. S/O. M. VENKATRAMAPPA AGED ABOUT 48 YEARS R/AT NO. 8904, B BLOCK SURVEY NO. 54/2 12/80 3RD CROSS, POOJARI LAYOUT GEDDALAHALLI, RMV EXTENSION 2ND STAGE, 2ND BLOCK BENGALURU-560 094. …APPELLANTS (BY SRI. SHATHABISH SHIVANNA - ADVOCATE) AND: SMT. SHOHA D SIRDESAI W/O. MR. DHANANJAY R SIRDESAI AGED ABOUT 45 YEARS R/AT NO. 108 J, LAKSHMI NIVAS 5TH CROSS, 3RD MAIN Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17511-DB RFA No. 257 of 2025 MLA LAYOUT, RMV 2ND STAGE BHOOPSANDRA BENGALURU-560 094. …RESPONDENT (BY SRI. ANIL KUMAR SHETTY - ADVOCATE) THIS RFA FILED UNDER SECTION 96 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 22.11.2024 PASSED IN OS.NO.8173/2022 ON THE FILE OF THE XVII-ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS RFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE VENKATESH NAIK T) Learned counsel for the appellants and respondents are present. Appellant Nos.1 and 2 and respondent are present. They have filed compromise petition under Order XXIII Rule 3 of CPC. The contents of compromise petition is as under: - 3 - NC: 2025:KHC:17511-DB RFA No. 257 of 2025 1. The parties have amicable resolved the dispute in the above matter at the intervention of the common friends and well-wishers. 2. The above appeal arises from the judgment and decree dated 22.11.2024 passed by the XVII-Additional City Civil and Sessions Judge, Bengaluru in O.S.No.8173/2022, wherein the suit for ejectment and mesne profits was decreed. 3. The petitioners have requested the Respondent to grant time until the end of July- 2025, to quit, vacate and deliver vacant possession of the subject property. The Respondent has agreed to the same. The petitioners in respect of the mesne profits have agreed to pay an aggregate sum of Rs.17,60,000/- (Rupees Seventeen Lakhs Sixty Thousand) towards use and altercation of the property until 31.07.2025. In this regard, the petitioners have on this day tendered the following cheques. 3.1 Cheque bearing No.254173 dated 05.05.2025 drawn on Yes Bank, CMH Road Branch Bengaluru in favour of the Respondent for a sum of Rs.7,60,000/- (Rupees Seven Lakhs Sixty Thousand). - 4 - NC: 2025:KHC:17511-DB RFA No. 257 of 2025 3.2 Cheque bearing No.254174 dated 20.05.2025 drawn on Yes Bank, CMH Road Branch Bengaluru in favour of the Respondent for a sum of Rs.6,00,000/- (Six Lakhs only). 4. A sum of Rs.4,00,000/- (Rupees Four Lakhs) paid by the appellants to the respondent towards security deposit shall be appropriated towards balance liability. 5. The cheques at clause 3.1 & 3.2 shall be honored without default and in event of default the respondent will be entitled to execute the decree which is subject matter of this appeal immediately thereon. 6. The appellants hereby undertake to vacate and deliver vacant possession of the subject property to the respondent on or before 31.07.2025 without committing any default and further undertake not to commit any act or omission, affecting the redelivery of possession. 7. The parties shall have no further claim against each other subject to due compliance of this compromise petition. 8. The parties have obtained legal advice and understood the terms of this compromise and voluntarily entered into the same. - 5 - NC: 2025:KHC:17511-DB RFA No. 257 of 2025 2. The contents of compromise petition is read over to the parties in the language known to them. They agreed the contents as true and correct. The compromise is free and voluntary one. Hence, the compromise petition is accepted. By virtue of the compromise, the appellants in respect of the mesne profits have agreed to pay an aggregate sum of Rs.17,60,000/- towards use and altercation of the property until 31.07.2025. In this regard, the petitioners have tendered cheque bearing No.254173 dated 05.05.2023 drawn on Yes Bank in favour of respondent for a sum of Rs.7,60,000/- and cheque bearing No.254174 dated 20.05.2025 drawn on Yes Bank in favour of respondent for a sum of Rs.6,00,000/-. A sum of Rs.4,00,000/- paid by the appellants to the respondent towards security deposit shall be appropriated towards balance liability. The appellants hereby undertake to vacate and deliver vacation possession of the subject property to the respondent on or before 31.07.2025 without committing any default and further undertake not to commit any act or omission, affecting redelivery of - 6 - NC: 2025:KHC:17511-DB RFA No. 257 of 2025 possession. The parties have no further claim against each other subject to due compliance of this compromise petition. In view of the compromise petition, the appeal is disposed of. Office to draw decree in terms of compromise. Office to refund court fee as per Rules, on due identification. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE DKB