Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 67612 (KAR)

THE KARNATAKA STATE JUDICIAL EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY LIMITED v. SMT. VIJAYA KUMARI

RFA/1670/2022 · 2025-09-13

Lok Adalath

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- - 1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF SEPTEMBER 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE M.G.S.KAMAL & SRI. K.RAJASHEKAR, MEMBER R.F.A. 1670/2022 (Lok Adalat No.8082/2025) BETWEEN: 1. THE KARNATAKA STATE JUDICIAL EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED NO.7/2, 'SURYA CHAMBERS' 2ND FLOOR, 1ST MAIN ROAD SESHADRIPURAM, BENGALURU - 560 020 REP. BY ITS SECRETARY. 2. THE PRESIDENT THE KARNATAKA STATE JUDICIAL EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED NO.7/2, 'SURYA CHAMBERS' 2ND FLOOR, 1ST MAIN ROAD SESHADRIPURAM, BENGALURU - 560 020 REP. BY ITS SECRETARY. ...APPELLANTS (BY SMT. B.V. VIDYULATHA., ADVOCATE) - - 2 AND: 1. SMT. VIJAYA KUMARI D/O SRI.VEERAPPA AGED ABOUT 59 YEARS R/O NO.623/106 7TH MAIN ROAD VIJAYANAGAR BNAGALORE - 560 040. 2. SRI. N. SHIVANNA EX-DIRECTOR OF PLAINTIFF SOCIETY S/O LATE SRI. NANJAIAH R/O NO.726, KRISHNA NADI ROAD BRINDAVAN NAGAR BENGALURU - 560 050. ……RESPONDENTS (BY SRI. RAGHU PRASAD B.S. ADVOCATE FOR C/R1) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.11.2021 PASSED IN O.S.3878/2010 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: - - 3 CONCILIATION ORDER Smt. B.V. Vidyulatha, learned counsel for the appellants along with Vice president of the appellant-Co-operative society is present. 2. Respondent-Smt.Vijaya Kumari, is also personally present. 3. Parties and learned counsel for the appellants submit that they have settled the dispute amicably and they have filed compromise petition, terms of the which reads as under: '' 7. The terms and conditions of the compromise/settlement arrived at between the parties are as follows: a. The Appellant Society has passed a Board Resolution on 01.06.2025 stipulating that if an amount of Rs. 2,000/-per square feet is paid by the parties in these matters, then it would resolve the matter through amicable settlement. b. The Respondent has agreed to pay a sum of Rs. 17,40,000/-to the Appellant society in furtherance of the said amicable settlement, by way of Demand Draft or NEFT within a period of 90 days from the date of filing the present Compromise Petition before the Hon'ble High Court of Karnataka. The appellant society on receipt of the said sum agrees that it would withdraw the challenge made by it in O.S.No.3878/2010 and would admit that the appellant is the owner in actual possession of the schedule property. c. The parties have jointly conducted a re-survey of the boundaries of Site No.2035 in order to determine the exact extent of the sital area for settling the agreed - - 4 consideration. A copy of the sketch is enclosed with this Compromise Petition, and the exact extent of sital area that is actually available is provided in the Schedule to this Petition. d. The Respondent shall pay a sum of Rs. 17,40,000/- towards the amicable settlement, which shall be made to the Appellant by way of Demand Draft, or NEFT. The Appellant shall, in turn, issue valid receipts acknowledging the said payment. e. The Appellant shall rectify the boundaries and execute a Rectification Deed cum confirmation deed in terms of the actual measurement of schedule property found during joint survey conducted by the parties. The Appellant shall extend all necessary assistance for the execution of the said deed, and all expenses incurred in this regard shall be borne by the Respondent. f. The respondent society undertakes to rectify the measurement of schedule property by execution and registration of a rectification deed in this regard after a layout plan pertaining to Judicial Layout, Yelahanka which is submitted by the respondent society to the BDA and State Government is approved as per directions issued by the Hon'ble High Court of Karnataka in its order dated 01.06.2016 in W.P.No.40994/2002 (GM-RES) c/w CCC.No.87/2004 (Civil). g. The Appellant shall assist and provide necessary support to the Respondent in obtaining the requisite documents for securing the Khatha in respect of the Schedule Property. All expenses incurred for obtaining the Khatha shall be borne by the Respondent. h. The parties further agree that they shall not raise any future claims or disputes in respect of the schedule property. In the event that any representative of the Appellant or any third party raises a dispute regarding the said property, the then-serving office bearers or authorized representatives of the Appellant society shall take necessary steps to resolve such disputes in accordance with law. - - 5 i. That both parties agree that the present Appeal may be disposed in terms of this compromise petition. 4. Parties have understood the terms of the compromise, the terms of the compromise do not appear to be contrary to any provisions of law. Accordingly, compromise petition is taken on record. 5. Appeal is disposed of in terms of the compromise petition. 6. Draw decree accordingly. 7. Permissible Court fee be refunded to the appellant on proper identification. Sd/- JUDGE Sd/- MEMBER RL