- 1 - NC: 2025:KHC:17898 RFA No. 2093 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN REGULAR FIRST APPEAL NO.2093 OF 2016 (RES) BETWEEN: 1. M/S. WONDER WORKS AT NO.31/51/3, SRI M.V. COLONY, NEAR RAGHAVENDRASWAMY TEMPLE, DEVARACHIKKANAHALLI IIM POST, BENGALURU-560 076 REP. BY ITS PARTNERS SRI VIJAYAKUMAR & SRI YOGESH BABU. 2. SRI VIJAYAKUMAR AGED ABOUT 38 YEARS S/O K.S. HARIHARN, R/AT NO.216, 3RD CROSS, CHAMARAJPET, BENGALURU-560 018. 3. SRI YOGESH BABU AGED ABOUT 38 YEARS S/O THIMMAPPA, R/AT NO.336, 7TH CROSS, VENKATAREDDY NAGARA, LALBAGH, SIDDAPURA, BENGALURU-560 011. …APPELLANTS (BY SRI K.K. VASANTH, ADVOCATE) Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17898 RFA No. 2093 of 2016 AND: 1. SRI RAMANJANA REDDY AGED ABOUT 76 YEARS S/O LATE CHIKKABBAIAH REDDY, R/AT NO.1777, 18TH A MAIN ROAD, 4TH CROSS, J.P. NAGAR, 2ND PHASE, BENGALURU-560 078. …RESPONDENT (BY SRI M.C. JAYAKIRTHI, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE IN O.S. NO.4075/2013 DATED 07.10.2016 PASSED BY THE LEARNED XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CITY (CCH 43) AND ALLOW THIS APPEAL, ETC. THIS APPEAL COMING ON FOR HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:17898 RFA No. 2093 of 2016 ORAL JUDGMENT The appeal is filed against the judgment and decree dated 07.10.2016 passed by 42nd Additional City Civil and Sessions Judge, Bengaluru City, in O.S.No.4075 of 2013. The order passed in O.S.No.4075 of 2013 is as follows: "ORDER Suit filed by the plaintiff against the defendants is hereby partly decreed with costs. As far as relief (a) is concerned, as already the defendants have delivered the possession on 21.11.2013, doesn't survive for consideration. The plaintiff is entitled to recover damages from the defendants at the rate of Rs.12,000/- per month from 02.10.2012 till 21.11.2013 for 13 months for the illegal occupation of B-schedule property amounting to Rs.1,56,000/-. The defendants 1 to 3 are also liable to pay Rs.11,067/- towards electricity charges paid by the plaintiff which was payable by the defendants and towards cost of repair to restore the premises to original position Rs.25,000/-. Thus, in all the defendants 1 to 3 are directed to pay to the plaintiff Rs.1,92,067/- along with future interest at the rate of 6% p.a. from 21.11.2013 till realization. Draw a decree accordingly." - 4 - NC: 2025:KHC:17898 RFA No. 2093 of 2016 2. The aforementioned judgment and decree has been challenged by the defendants therein by way of the present appeal. During the course of the pleadings, the parties have arrived at a compromise and the appellants have agreed to pay a sum of Rs.1,56,000/- (Rupees One Lakh Fifty Six Thousand only) to the respondent as full and final settlement of the decretal amount. The respondent has agreed to receive the same. 3. Appellant No.2 is present before the Court and he has signed the compromise petition on behalf of himself and other appellants. The Special Power of Attorney Holder of the respondent is present before the Court. Appellant No.2 and the Special Power of Attorney Holder of the respondent are duly identified by their respective advocates. All the parties concerned pray that the appeal may be disposed of in terms of the compromise petition. The appeal is accordingly disposed of in terms of the compromise petition. Registry is directed to verify and refund the court fee that appellant no.2 is entitled to in accordance with law. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 38