- 1 - NC: 2025:KHC:14892 RFA No. 611 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.611 OF 2025 (DEC/INJ) BETWEEN: SMT. S. SUMA W/O DILEEP BIREDAR, AGED ABOUT 55 YEARS RESIDING AT 96/50-1, I FLOOR, 5TH CROSS, BAPUJI LAYOUT, BENGALURU - 560 040. …APPELLANT (BY SRI. NAVEEN J N., ADVOCATE) AND: SRI S NAGANAND S/O SRI B.S.SRINIVASA, AGED ABOUT 50 YEARS, RESIDING AT GROUND AND FIRST FLOOR, NO.86/50-1, 5TH CROSS, BAPUJI LAYOUT, BENGALURU - 560 040. …RESPONDENT (BY SRI. MITHUN G A. SRI. AJAY.N, AND SRI. SIDDAPPA V.D, ADVOCATES) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.01.2025 PASSED IN OS NO.25692/2020 ON THE FILE OF XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT MAYO HALL, BENGALURU, DECREEING THE SUIT FOR DECLARATION AND MANDATORY INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:14892 RFA No. 611 of 2025 ORAL JUDGMENT This appeal by the defendant in O.S.No.25692/2025 is directed against the impugned judgment and decree dated 28.01.2025 passed by the XXVI Addl. City Civil & Sessions Judge, Mayohall Unit, Bengaluru, whereby the said suit filed by the respondent – plaintiff against the appellant – defendant for mandatory injunction and other reliefs in relation to the suit schedule immovable property was decreed by the Trial Court in favour of respondent – plaintiff against appellant – defendant. 2. Appellant and respondent have filed an application under Order 23 Rule 3 of CPC. The said application reads as under: “The Appellant and the Respondent begs to submit as follows: 1. At the intervention of the well-wishers of the Respondent, and Appellant, parties have amicably settled the dispute among them in the following terms and conditions. 2. The Respondent has filed the Suit for mandatory injunction to handing over vacant possession of Suit Schedule D Property and also sought for declaration of Suit D Schedule Property against the Appellants. The Parties are engaged in a legal dispute regarding the possession and use - 3 - NC: 2025:KHC:14892 RFA No. 611 of 2025 of certain portions of a building, as outlined in the Will dated 25.06.2008, which provides that the Respondent is entitled to the ground floor and first floor and appellant No-1 is entitled for possession of 2nd floor onwards of the property, and the Appellant is currently occupying a part of the first floor unauthorized and is described as the Schedule D Property. 3. In view of the Judgment dated 28.01.2025 in O.S.No.25692/2020, in the Court of The XXVI Addl. City Civil & Sessions Judge, At Mayo Hall, Bengaluru (Cch.20) decreed in favour of Plaintiff (Respondent herein), and also at the intervention of the well-wishers, both the parties have agreed for the settlement as Per the compromise and parties have agreed to adhere to the terms of the WILL and bequeath of properties as per the WILL including handing over the vacant possession of Schedule D Property; a) The Appellants agrees to vacate the first-floor portion i.e., described as the Schedule D Property currently under their occupation on or before 07.06.2025 by vacating and hand over peaceful possession to the Respondent/Plaintiff. b) Parties confirm that the bequeath of properties and enjoyment of properties as per WILL is correct and binding against each other. c) Ensure that the keys to the first floor i.e., Schedule D Property including any duplicate keys, are returned to the respondent on or before 07.06.2025. d) The Appellant shall remove internal steps between the first floor and the second floor. The internal steps leading - 4 - NC: 2025:KHC:14892 RFA No. 611 of 2025 from the first floor to the second floor shall be dismantled and completely removed at the Appellants expense on or before 07.06.2025. Upon demolition of the internal staircase connecting the first floor to the second floor, the Appellant shall bear the entire cost of necessary plastering, painting, and restoration work required to restore the affected portion of the premises to a proper and presentable condition. All such works shall be carried out at the Appellant's sole expense and to the satisfaction of the Respondent on or before 07.06.2025. e) The Appellant has sought to put up construction on the 3rd floor of the property by putting up a construction Appellant's cost and risk subject to the following terms: i. The Appellant shall obtain all necessary approvals, licenses, and permissions from the relevant authorities before commencing construction. Any and all construction activities undertaken by the Appellant shall be subject to the exclusive jurisdiction, scrutiny, and approval of the Bruhat Bengaluru Mahanagara Palike (BBMP) or any other competent statutory authority, as per applicable municipal laws, building regulations, and statutory provisions. The Respondent shall have no rote, responsibility, or authority in the grant, denial, or supervision of such approvals, nor in the resolution of any disputes, objections, or compliance matters arising therefrom. ii. In the event the Appellant fails to obtain the necessary statutory approvals or sanctions from the competent authorities for any reason whatsoever, the Respondent shall not be held responsible or liable in any - 5 - NC: 2025:KHC:14892 RFA No. 611 of 2025 manner for such failure. The obligation to secure such approvals rests solely with the Appellant. Consequently, the Appellant shall be bound to vacate and hand over peaceful and vacant possession of the premises to the Respondent on or before 07.06.2025, without seeking any extension or offering any excuse or justification for non-compliance. It is expressly agreed that the said date is final and non-negotiable, and failure to vacate within the stipulated time shall constitute a breach of the present understanding. iii. The construction on the 3rd floor may be undertaken, provided that it does not cause any disruption or obstruction to the existing utility services, including but not limited to the water supply lines, solar water heating system, drainage, and any other common service connections. iv. The Appellant shall be responsible for all taxes, fees, and any other statutory dues arising from or related to the construction. v. The Appellant shall be responsible for the entire cost of the construction, including any required modifications to the second-floor structure, provided these changes do not compromise its structural integrity. In the event the Respondent is of the bona fide opinion that such construction poses a threat to the structural stability or safety of the building, the Respondent shall be at liberty to raise such objections and require the Appellant to carry out necessary alterations, modifications, or rectifications. The Appellant undertakes to comply with such reasonable directions in a timely - 6 - NC: 2025:KHC:14892 RFA No. 611 of 2025 manner, so as to ensure that the structural integrity of the premises remains intact and unimpaired. f) The Appellant agrees that there shall be no gate or grill erected between the ground floor and the terrace that would obstruct access to the terrace. 9) The Appellant shall ensure that the terrace remains fully accessible to all persons with the necessary rights of access, without any obstructions or barriers. h) The Respondent shall have exclusive and uninterrupted possession of the ground floor and first floor, free from any disturbance or interference by the Appellants and the Appellants shall have exclusive access of the second floor of the premises. However, it is expressly agreed that the Respondent shall have a right of access to the terrace located on the third floor, and the Appellants shall not obstruct or interfere with such access in any manner whatsoever. i) The Appellant shall ensure that no nuisance, annoyance, or disturbance of any kind shall be caused in the course of enjoyment, occupation, or use of the property. This includes, but is not limited to, any act which interferes with or obstructs essential services such as water supply, electricity, sewage, or any other utility lines connected to the premises. The Appellant undertakes not to engage in or permit any activity that would hinder the peaceful enjoyment of the property by the Respondent or any other lawful occupant, and shall take all necessary precautions to avoid damage or disruption to the existing utility infrastructure. - 7 - NC: 2025:KHC:14892 RFA No. 611 of 2025 4. The Appellant and the Respondent have mutually agreed to resolve all pending disputes and litigations between them. As part of this settlement, the Respondent has consented to the quashing of proceedings in Criminal Petition No. 4199/2023 pending before this Hon'ble Court, which seeks to quash C.C. No. 29792/2022 pending before the Court of the VIII Additional Chief Metropolitan Magistrate at Bengaluru. Furthermore, the Respondent has also agreed to withdraw Miscellaneous Petition No. 25136/2021 pending before CCH-20, XXVI Additional City Civil and Sessions Judge, Bengaluru. However, it is expressly agreed by and between the parties that the quashing of the aforesaid criminal proceedings shall be conditional upon the Appellants handing over peaceful and vacant possession of the premises to the Respondent on or before 07.06.2025, without any delay or request for extension. In the event of default by the Appellant in complying with the possession handover by the stipulated date, the Respondent shall be entitled to revive all legal proceedings, and pursue all available remedies in law. 5. This represents the final settlement between the Parties. Upon execution of this petition, both Parties acknowledge that they have had the opportunity to consult legal advisors and enter into this settlement voluntarily and without any undue influence. WHEREFORE, the Respondent and Appellant prays that this Hon'ble Court may kindly accept this compromise and pass a Judgment and Decree in terms of this Joint Memo, in the interest of Justice and equity.” - 8 - NC: 2025:KHC:14892 RFA No. 611 of 2025 3. The said Application has been duly signed by the appellant as well as her counsel and by respondent and his counsel. 4. Appellant and respondent are physically present before the Court and they admit that they have executed the application voluntarily. All parties have accepted the terms and conditions of the application and they are identified by their respective counsel. 5. Being satisfied with the terms and conditions contained in the Application, the appeal stands disposed of in terms of the Application by modifying the impugned judgment and decree passed by the Trial Court and substituting the same with the terms and conditions of the said application. Registry is directed to draw up decree accordingly. 6. Registry of this Court is directed to refund the entire (100%) Court fee paid by the appellant on the Memorandum of Appeal back to the appellant, forthwith, without any delay. 7. Registry of the Trial Court is directed to refund the entire (100%) Court fee paid by the respondent – plaintiff on the - 9 - NC: 2025:KHC:14892 RFA No. 611 of 2025 plaint back to the respondent – plaintiff immediately upon receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 2