- 1 - HC-KAR NC: 2025:KHC:29526 RFA No. 855 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 855 OF 2022 (INJ-) BETWEEN: M/S. SHUBH ENCLAVE SITE OWNERS ASSOCIATION HAVING ITS OFFICE AT: GATE NO.1, SHUBH ENCLAVE HARALUR ROAD, BANGALORE-560 102. BY ITS SECRETARY: MS ADITY ROY. …APPELLANT (BY SRI.AKSHAY KUMAR JAIN, ADVOCATE) AND: 1. MR. K. VENKATASUBRAMANIAN S/O MR. V S. KANNAN, AGED ABOUT 61 YEARS, R/AT: NO.98/1, 29TH MAIN 2ND CROSS, BTM 1ST STAGE, BANGALORE-560 068. 2. M/S SAIKAM DEVELOPERS A PARTNERSHIP FIRM BEARING REG. NO. SJN F886-2018-19, HAVING ITS OFFICE AT: VILLA 309, ADARSH PALM RETREAT DEVARABEESANAHALLI, NEAR RMZ ECO WORLD, BANGALORE-560103. BY ITS MANAGING PARTNER Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29526 RFA No. 855 of 2022 MR SIVACHAITANYA SAIKAM, AGED ABOUT 34 YEARS, S/O MR. S JAYACHANDRA REDDY 3. BRUHAT BANGALORE MAHANGARA PALIKE N.R.SQUARE, BANGALORE-560 001 BY ITS COMMISSIONER. 4. THE ASSISTANT EXECUTIVE ENGINEER, BBMP, TOWN PLANNING, MAHADEVAPURA RANGE, BANGALORE-560 048. …RESPONDENTS (BY SRI. SAMMITH S, ADVOCATE FOR C/R1 AND R2 AND SRI.N.R. JAGADEESWARA, ADVOCATE FOR R3 AND R4) THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO ALLOW THIS APPEAL FILED BY THE APPELLANT AND SET ASIDE THE JUDGMENT AND DECREE DATED 22.04.2022, PASSED IN OS.NO. 1795/2020, PASSED BY THE LEARNED XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE CITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:29526 RFA No. 855 of 2022 ORAL JUDGMENT The appellant and respondent Nos.1 and 2 have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The terms of the compromise reads as under: "COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908: The Appellant and the Respondents humbly submit as follows: 1. The present appeal is filed questioning the judgment and decree dated 22.04.2022 passed by the Hon' ble XII Additional City Civil Judge at Bengaluru in the suit in O. S. No. 1975/2020. 2. Upon the intervention of well-wishers, the Appellant, Respondent No. 1 and Respondent (Parties) have amicably settled the dispute on the following terms: a. There shall be NO Objection from the Appellant Association or its members to the Respondents - 4 - HC-KAR NC: 2025:KHC:29526 RFA No. 855 of 2022 running an office space including using the said space for conducting business pertaining to IT/ BT. b. The one-time registration and joining amount of Rs. 2,500/- (Rupees Two Thousand Five Hundred Only) and a Corpus fund of Rs. 7,500/- (Rupees Seven Thousand Five Hundred Only) should be paid by the Respondents for which a receipt will be generated. C. An annual contribution towards layout maintenance of Rs. 1,20,000/- (Rupees One Lakh Twenty Thousand Only) shall be applicable for all spaces used for the entire building as a whole and not for individual units tenanted/leased as applicable. d. Parking will have to be strictly within the premises of the Respondent. In this regard, the Respondents shall instruct the same to all users to adhere to parking their vehicles within the premises. However, in case of any vehicle parked under exceptional circumstances such as vehicles of courier/delivery agents, the owner/tenants shall not be responsible. - 5 - HC-KAR NC: 2025:KHC:29526 RFA No. 855 of 2022 e. The Respondent's office staff or their tenants office staff cannot loiter or litter or take photographs of houses within the colony. In this regard, the owner/tenants shall instruct the same to staffs to adhere the same strictly. f. Trash will have to be disposed of to the residential garbage collector. g. Loudspeakers and any kind of loud noise cannot be permitted to disturb the homes around the schedule property building since a number of aged people reside around. h. The association i.e., "Shubh Enclave Site Owners Association" through its Committee and resident representatives undertakes not to file any other petition/suit/ complaint/appeal whatsoever against the owner or their successor in right, title and interest before any other court of law and this settlement shall be final and complete. 3. To this effect, the parties have executed a settlement letter dated 10.10.2024. The settlement letter is produced herewith as DOCUMENT No.1. The authorisation in favour of - 6 - HC-KAR NC: 2025:KHC:29526 RFA No. 855 of 2022 Mr. Ramakrishna Reddy is produced herewith as DOCUMENT No. 2. 4. The parties hereby agree that the present compromise petition is executed out of their free will and without any force or duress. 5. The parties hereby agree that all their claims against one another with respect to the cause of action mentioned in the suit stand resolved and there exist no claims whatsoever either in the past or the future. 6. In view of the settlement arrived at between the parties, the Parties herewith pray that this Hon'ble Court may be pleased to take this compromise petition on record and decree the appeal in terms hereof, in the interests of justice. WHEREFORE, it is prayed that this Hon'ble Court may be pleased to allow this memo as prayed for, in the interests of justice." 2. It is further stated that the parties have executed a settlement letter dated 10.10.2024, which shall form an integral part of the compromise petition. 3. The appeal has been preferred by the Secretary of appellant-Association, namely M/s.Shubh Enclave Site - 7 - HC-KAR NC: 2025:KHC:29526 RFA No. 855 of 2022 Owners Association. Pursuant to a resolution passed in a duly convened meeting of the association, Sri. Ramakrishna Reddy has been authorized to enter into a compromise and withdraw the appeal. The compromise petition is signed by Sri. Ramakrishna Reddy, and the relevant authorization documents are annexed thereto. 4. Respondent No.2 - M/s. Saikam Developers, is represented by Managing Director, Sri. Sivachaitanya Saikam, who is present before the Court. He also appears as the GPA holder of respondent No.1. Sri. Ramakrishna Reddy, authorized person of the appellant association and the Managing Director of respondent No.2 are present before the Court and have signed the compromise petition, and they are identified by their respective counsel. 5. The parties submit that the compromise petition has been entered into voluntarily, out of free will, without any coercion, force, or duress. 6. The terms of the compromise petition shall form part and parcel of this order. - 8 - HC-KAR NC: 2025:KHC:29526 RFA No. 855 of 2022 7. Accordingly, the appeal stands disposed of in terms of the compromise petition. 8. The Registry is directed to draw the decree accordingly. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SMC List No.: 1 Sl No.: 5