- 1 - HC-KAR NC: 2025:KHC:42914-DB RFA No. 1697 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1697 OF 2025 (RES) BETWEEN: 1. M/S. ASSOCIATION IMPEX NO.7, CAUVERY LAYOUT SUDDAGUNTE PALYA, DRC POST, BENGALURU -560 029 REP. BY ITS PROPRIETOR SRI P.VENKATESAN. 2. SRI. P. VENKATESAN, PROPRIETOR, M/S. ASSOCIATION IMPEX, NO.7, CAUVERY LAYOUT, SUDDAGUNTE PALYA, DRC POST, BENGALURU -560 029. …APPELLANTS (BY SRI. MADHUSUDAN M., ADVOCATE FOR SRI. V VISWANATH SETTY., ADVOCATE) AND: 1. SRI MUNI REDDY S/O. LATE CHIKKA MUNISWAMY REDDY, AGED ABOUT 82 YEARS, 2. SRI. S. M. YOGESH S/O. MUNIREDDY, AGED ABOUT 46 YEARS, BOTH ARE R/AT NO.25, 1ST CROSS, BHUVANAPPA LAYOUT D.R.C. POST, BENGALURU-560 029. …RESPONDENTS (BY SRI. T H NARAYANA., ADVOCATE FOR C/R2) Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:42914-DB RFA No. 1697 of 2025 THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.04.2025 PASSED IN OS.NO.2834/2013 ON THE FILE OF THE XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR EVICTION AND ARREARS OF RENT AND DAMAGES. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed seeking following reliefs: "Wherefore, the appellants above named humbly pray that this Hon'ble Court may be pleased to call for the entire records on the file of the XL Addl. City Civil & Sessions Judge at Bengaluru City (CCH:41) in O.S.No.2834/2013 and be pleased to set aside the judgment and decree passed by the Hon'ble XL Addl. City Civil & Sessions Judge at Bengaluru City (CCH:41) in O.S.No.2834/2013 dt.1.04.2025, by allowing the above appeal, in the interest of justice." 2. Learned counsel appearing for the appellants and respondents submit that the matter is resolved in the Karnataka Mediation Centre and the memorandum of settlement is drawn. - 3 - HC-KAR NC: 2025:KHC:42914-DB RFA No. 1697 of 2025 3. The terms of the memorandum of settlement reads as under: "I. The Appellants have filed above appeal challenging the Judgment dated 01 April 2025 passed by the XL Addl. City Civil and Sessions Judge (CCH-41), Bengaluru in O.S.No.2834/2013 decreeing the suit filed by the respondent hearing by directing the Appellants to quit, vacate and handover vacant possession of the Suit Schedule Property within 2 months from the date of decree with further holding that the respondents are entitled for arrears of rent @ Rs.20,000/- per month from 01.06.2010 to 31.07.2012 and for damages @ Rs.10,000/- per month from the date of filing of the suit, till the date of vacating and handing over the vacant possession of the suit schedule property. II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Appellants and the Respondents were present along with their respective Advocates. Both the parties after a thorough discussion with the able assistance of their respective Advocates have resolved their disputes and have agreed to the following terms and conditions: 1. Both the parties submit that both parties have agreed to amicably settle the dispute taking into consideration the duration of the litigation with uncertainty of the result and the litigation expenses. - 4 - HC-KAR NC: 2025:KHC:42914-DB RFA No. 1697 of 2025 2. The Appellants/Defendants shall handover the physical vacant possession of the suit schedule property on 30.09.2025 to the respondents/plaintiffs in as and wear condition. 3. The Appellants and the respondents have mutually agreed to the condition that the Appellants would be paying a sum of Rs.17,00,000/- (Rupees Seventeen Lakhs Only) towards the full and final settlement of the arrears of rents and damages as detailed herein below: 1. DD No. 539758 dated 11.09.2025 drawn on Ujjivan Small Finance Bank, HSR Layout, Bengaluru Rs.5,00,000/- i) The Appellants have agreed to pay Rs.4,00,000/- (Rupees Four Lakhs only) by way of RTGS transfer to the SB A/c No. 10530100001207 of Respondent held in UCO Bank, Koramangala Branch, ISFC code UCBA0001053, Bengaluru on 15.12.2025. ii) The Appellants have agreed to pay Rs.4,00,000/- (Rupees Four Lakhs only) by way of RTGS transfer to the SB A/c No. 10530100001207 of Respondent held in UCO Bank, Koramangala Branch, ISFC code UCBA0001053, Bengaluru on 15.01.2026. - 5 - HC-KAR NC: 2025:KHC:42914-DB RFA No. 1697 of 2025 iii) The Appellants have agreed to pay Rs.4,00,000/- (Rupees Four Lakhs only) by way of RTGS transfer to the SB A/C No. 10530100001207 of Respondent held in UCO Bank, Koramangala Branch, ISFC code UCBA0001053, Bengaluru on 15.02.2026. 4. The Appellants/Defendants and Respondents/Plaintiffs have agreed to the above terms regarding the receipt of payment of arrears of rents and damages. In the event the Appellants/Defendants fail to adhere to the above terms and commits default of payment the Respondents will be at liberty to work out the remedies as per law and to seek to reopen of the above appeal and proceed further in accordance with law. 5. The Respondents/Plaintiffs do not have any claim against the Appellants/Defendants apart from the amount aforementioned. Both the parties state that they have entered into this agreement on their own and there is no coercion or force from any one. 6. In view of the settlement arrived at, the parties pray that the court fee paid on the memorandum of appeal be refunded to the Appellants/Defendants for which the Respondents/Plaintiffs does not have any objection. 7. Both the parties agree to appear before the court with their proof of identity to enable the Hon'ble Court to record settlement. - 6 - HC-KAR NC: 2025:KHC:42914-DB RFA No. 1697 of 2025 III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble High Court be pleased to pass appropriate orders disposing of the above appeal in terms of this agreement. Further parties pray that the full institution fee paid on the memorandum of appeal be refunded to the Appellants. IV. Parties shall appear before the Hon'ble High Court for passing necessary orders in terms of the agreement whenever the matter is listed before the Hon'ble Court." 4. We have perused the memorandum of settlement. 5. Learned counsel appearing for the parties identify the parties, who are present before the Court, and they state that the terms of the settlement is drawn and signed on their own will. 6. In view of the aforesaid memorandum of settlement, the appeal is disposed of. - 7 - HC-KAR NC: 2025:KHC:42914-DB RFA No. 1697 of 2025 7. The Registry shall draw the decree in terms of memorandum of settlement and refund the eligible Court fees in favour of appellant No.2 on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 37