- 1 - HC-KAR NC: 2025:KHC:24031 RFA No. 867 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 867 OF 2021 (RES) BETWEEN: M NARAYANA REDDY ADVOCATE, S/O LATE MUNISHAMAPPA AGE ABOUT 62 YEARS, SHOP NO 4/3 GROUND FLOOR IN PROPERTY NO 1 AND 2 POPULARLY KNOWN AS DJCC BUILDING VOKKALIGARA BAHVANA, SITUATED AT KITTUR RANI CHENNAMMA CIRCLE S R NAGAR BANGALORE - 560 027 …APPELLANT (BY SRI. D.S.RAMACHANDRA, ADV.) AND: RAJYA VOKKALIGARA SANGHA SITUATED AT NO 148 KRISHNA RAJENDRA ROAD V V PURAM BENGALURU - 560 004 REP. BY ITS GENERAL SECRETARY …RESPONDENT (BY SRI. SUDHANVA D. S., ADV.) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.11.2020 PASSED IN OS.NO.6092/2015 ON THE FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR EJECTMENT ARREARS OF RENT AND DAMAGES. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24031 RFA No. 867 of 2021 ORAL JUDGMENT 1. Heard Sri. Ramachandra D.V., learned counsel for the appellant and Sri. Sudhanva D.S., learned counsel for the respondent. 2. This Regular First Appeal is filed under section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 24.11.2020 passed in O.S.No.6092/2015 on the file of the X Addl. City Civil and Sessions Judge, Bengaluru, partly decreeing the suit for ejectment. 3. During the pendency of the appeal, both learned counsels submit that the parties have settled the dispute amicably and filed a memorandum of compromise petition dated 30.06.2025 under Order XXIII Rule 3 of Code of Civil Procedure. 4. The compromise petition is duly signed by the respective parties and their respective counsels. Paragraphs No.1 to 8 of the compromise petition read thus: - 3 - HC-KAR NC: 2025:KHC:24031 RFA No. 867 of 2021 1. “It is submitted that the Appellant has been a tenant of the Respondent in the schedule B property, bearing No.4/3, situated at the ground floor, in the schedule A property belonging to the Respondent in O.S. No.6092/2015 on the file of the X Additional City Civil and Sessions Judge, Bengaluru. 2. The Respondent had filed a suit against the Appellant for ejectment and rents before the Hon'ble 10th Additional City Civil and Sessions Judge, at Bengaluru in O.S. No. 6092/2015. 3. It is submitted that, vide order dated 24/11/2020, the Hon'ble trial court passed judgment and decreeing the suit and directing the Appellant to deliver vacant possession of the premises within three months from 24/11/2020 and further directing the Appellant to pay damages at the rate of Rs.12,544/- per month from the date of suit or from the subsequent date of last payment of arrears of rent as the case may be. 4. It is submitted that after the judgment and decree passed by the Hon'ble trial court, the Respondent had filed an execution petition arising out in Ex. No.2151/2021 which was pending before the trial court. 5. Aggrieved by the same the Appellant has approached this Hon'ble court in the above RFA praying to set aside the judgment and decree and dismiss the suit, as well as to pass any such orders as deems fit with costs. An order of - 4 - HC-KAR NC: 2025:KHC:24031 RFA No. 867 of 2021 stay has been granted by this Hon'ble Court in the above Appeal. 6. It is submitted that while things stood thus, the Respondent, and the Appellant, at the instance and advice of the well-wishers of the parties have come to an understanding between them so as to settle the matter amicably and compromise the suit under the following terms and conditions. 7. It is submitted that the Appellant and the Respondent hereby agree and undertake as follows; a) The Appellant hereby agrees and undertakes to handover the vacant possession of the schedule "B" property to the Respondent within three months from the date of the final order made on this Petition. b) The Appellant hereby agrees and also undertakes to handover the vacant possession of one more shop bearing No. 9/B, measuring about 127 Square Feet, situated at the Ground Floor in the A Suit schedule property, bounded by Shop No.9/A on the East, Lift on the West, Passage on the North and Shop No. 12 on the South, of which also the Appellant is a tenant of the Respondent within three months from the date of the final order made on this Petition. c) The Respondent hereby agrees and undertakes that they will not demand any arrears of rent/ damages from the Appellant in respect to suit schedule "B" - 5 - HC-KAR NC: 2025:KHC:24031 RFA No. 867 of 2021 property and also property mentioned No.9/B mentioned in para "b" above. d) The Respondent has agreed to bear the amount of Rs.4,00,000/- (Rupees four lakhs only) as litigation expenses of the Appellant payable to the Appellant Advocate, Sri. D.S. Ramachandra Reddy through cheque number 711690, dated 19.05.2025 drawn on Canara Bank, BIT Branch, as per the mutual compromise between the parties. After T. D.S, The cheque amount is Three Lakhs Sixty Thousand (3,60,000). e) The Respondent hereby agrees that the Appellant after handling over of the vacant possession mentioned above, the Appellant and the Respondent will not make any other claim except as stated above. f) The Respondent has already withdrawn the Execution petition pending before the trial court on 25/04/2025 in view of the settlement. g) The Respondent hereby agrees and undertakes that there would be no other claims whatsoever against each other. 8. The parties have filed the above petition without any fraud, coercion, threat, or undue influence and the same is filed out of their free will and consent having understood the contents of the same.” - 6 - HC-KAR NC: 2025:KHC:24031 RFA No. 867 of 2021 5. Having considered the submissions of the learned counsel for the respective parties and also the averments of the compromise petition, it is appropriate to record the compromise. 6. Accordingly, I proceed to pass the following: ORDER i) The Regular First Appeal stands disposed of in terms of the compromise. ii) Draw the decree accordingly. iii) No order as to costs. Sd/- (S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 5