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2025 DAILYLAW 69825 (KAR)

SRI. K. N. LAKSHMANA GOWDA v. THE KARNATAKA STATE JUDICIAL EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY LIMITED

RFA/298/2025 · 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. 298/2025(DEC) (Lok Adalat No.8083/2025) BETWEEN: SRI. K.N. LAKSHMANA GOWDA S/O LATE NANJUNDE GOWDA AGED ABOUT 59 YEARS SENIOR ASSISTANT HIGH Court OF KARNATAKA BENGALURU - 560 001. ...APPELLANT (BY SRI. K.G. SASADHIVAIAH K.G., ADVOCATE) AND: 1. THE KARNATAKA STATE JUDICIAL EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED - - 2 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. ……RESPONDENTS (BY SMT B.V. VIDYULATHA., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 23.10.2024 PASSED IN O.S.3891/2010 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Appellant-Sri.K.N. Lakshmana Gowda is personally present. 2. Smt. B.V. Vidyulatha, learned counsel for the respondents along with Vice president of the respondent-Co- operative society is present. 3. Parties and their respective learned counsel submit that they have settled the dispute amicably and they have filed compromise petition, terms of the which reads as under: - - 3 '' 7. The terms and conditions of the compromise/settlement arrived at between the parties are as follows: a. The Respondent Society has passed a Board Resolution on 06.08.2025 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 Appellant has agreed to pay a sum of Rs. 27,00,000/-to the respondent 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 respondent society on receipt of the said sum agrees that it would withdraw the challenge made by it in O.S.No.3891/2010 and would admit that the appellant is the owner in actual possession of the schedule property. c. The parties to the above compromise petition admit that in the boundaries mentioned in the sale deed dated 20.12.2003 pertaining to the schedule property, there is some typographical error as against the actual boundary of the schedule property. Towards North of the schedule property actually site no.2023 is found but in the schedule to the sale deed dated 20.12.2003 it is mentioned as site no.2024. Towards South of the schedule property actually site no.2021 is found but in the schedule to the sale deed dated 20.12.2003 it is mentioned as site no.2023. The respondent society undertakes to rectify this error 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). d. All expenses relating to execution and registration of the said rectification deed shall be borne by appellant. e. The Respondent undertake to assist and provide necessary support to the appellant 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 Appellant. f. 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 Respondent society or any third party raises a dispute regarding the said property, the then-serving office bearers or authorized representatives of the Respondent society shall take necessary steps to resolve such disputes in accordance with law. - - 4 g. 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