- 1 - HC-KAR NC: 2025:KHC:54090 RFA No. 993 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 993 OF 2024 (POS) BETWEEN: 1. SUNANDAMMA, W/O LATE ANJINAPPA A AGED ABOUT 61 YEARS, R/AT PORTION OF NO.371 (371/52) 12TH MAIN ROAD, RAJAINAGAR 6TH BLOCK, BENGALURU - 560 010. 2. LAKSHMINARAYANA S/O LATE ANJINAPPA A AGED ABOUT 40 YEARS, R/AT PORTION OF NO.371 (371/52) 12TH MAIN ROAD, RAJAINAGAR 6TH BLOCK, BENGALURU - 560 010. 3. DIWAKAR S/O LATE ANJINAPPA A AGED ABOUT 39 YEARS, R/AT PORTION OF NO. 371 (371/52) 12TH MAIN ROAD, RAJAINAGAR 6TH BLOCK, BENGALURU - 560 010. …APPELLANTS (BY SRI. GOPAL SINGH, ADVOCATE) Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54090 RFA No. 993 of 2024 AND: SURYANARAYANA GOWDA, S/O LATE ANJINAPPA A AGED ABOUT 43 YEARS, R/AT NO. 3/4, 12TH CROSS, MAGADI ROAD, BENGALURU - 560 023. …RESPONDENT (BY SMT. GEETHA R., ADVOCATE) THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.02.2024 PASSED IN OS NO.6356/2018 ON THE FILE OF XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., DECREEING THE SUIT FOR POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal, by the defendants in O.S.No.6356/2018, is directed against the impugned judgment and decree dated 26.02.2024, whereby the said suit filed by the respondent- plaintiff/BSNL against the appellants - defendants was decreed by the Trial Court in favour of the respondent - plaintiff. - 3 - HC-KAR NC: 2025:KHC:54090 RFA No. 993 of 2024 2. The matter having been referred to the Mediation, the parties have amicably settled the dispute by way of Memorandum of Settlement, which reads as under: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 1. The respondent had filed a suit in O.S.No.6356/2018, before the Honourable XXXV Additional City Civil and Sessions Judge at Bangalore (CCH:36), the suit for possession of the suit schedule-B premises from possession of the appellants. Though the appellants resisted the suit, the trial court decreed the suit granting the relief of handing over the possession of the suit schedule-B premises to the respondent. Aggrieved thereby, the appellants had preferred an appeal before the High Court of Karnataka in RFA No. 993/2024 which is now referred for mediation and settlement. II. During the course of mediation the Appellants and Respondent along with their counsel were appeared, identified each other and after thorough discussion among themselves with the able assistance of Advocates, both the parties have settled the matter in the following terms and conditions: - 4 - HC-KAR NC: 2025:KHC:54090 RFA No. 993 of 2024 1. The appellants give up the possession of the suit schedule-B premises to the respondent herein. On the day of reporting the settlement, the appellants will handover keys of the vacated suit schedule-B premises to the respondent. 2. The Suit Schedule-A property is interlocked with the residue larger property owned by and in the occupation of the appellants. That neither party, the appellants nor the respondent, shall carry out demolition of their respective holdings before the completion of One years from this day. Thereafter the completion of One years, i.e. the appellants or the respondent Intends to demolish their respective holdings, Intimating the other party with a clear three months' notice in writing the demolition shall follow. 3. That the appellants and the respondent facing criminal cases in C.C.No.28476/2019 and C.C.No.2374/2020, before the Honourable XXIV Additional Chief Judicial Magistrate, Bangalore, is here by agreed for closure by due process, The cases shall be withdrawn by the respective parties by filing necessary compounding applications before the Honourable Magistrate on its forthcoming hearing dates. 4. That any other cases, known or unknown, to the parties, connected there with the dispute or the suit schedule premises shall also be withdrawn by whom filed. 5. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner. - 5 - HC-KAR NC: 2025:KHC:54090 RFA No. 993 of 2024 SCHEDULE 'A' PROPERTY All the part and parcel of property bearing No.371, (371/52 New No.371/52-1), situated at 12th Main Road, Rajajinagar, 6th Block, Bengaluru - 560 010, measuring to an extent of East to West: 33 Feet, North to South: 13 Feet, and bounded on the: East by : 80 Feet Road West by : Site No.283 North by : Site No.370 and South by : Property of Late A.Anjinappa SCHEDULE 'B' PROPERTY All the part and parcel of Shop measuring 33 x 13 Feet on the Northern side of the First Floor, constructed on the 'A' Schedule Property l.e., property bearing No.371, (371/52 New No.371/52-1), situated at 12th Main Road, Rajajinagar, 6th Block, Bengaluru - 560 010 and bounded on the : East by : 80 Feet Road West by : Site No.283 North by : Site No.370 and South by : Road III. In view of the aforesaid agreement, both the parties pray that this Hon'ble court may be pleased to pass appropriate orders in terms of the aforesaid agreement. IV. In view of the aforesaid agreement, the appellant prays for refund of the court fee. V. Parties will appear before the Hon'ble Court for passing necessary orders in terms of the agreement whenever the matter is listed before the Hon'ble Court." - 6 - HC-KAR NC: 2025:KHC:54090 RFA No. 993 of 2024 3. Both the parties have filed Memorandum of Settlement before the Median Center under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The appellants-defendants have agreed to hand over the keys of the vacant possession of the suit schedule-B premises on the day of reporting the settlement. 4. The appellants - defendants and the respondent- plaintiff are physically present and have been identified by their respective counsel. 5. In view of the aforesaid settlement arrived at between the parties, the appeal stands disposed of in terms of the Memorandum of Settlement. 6. In view of the above, I pass the following: ORDER (i) The appeal is hereby disposed of in terms of the Memorandum of Settlement. (ii) The impugned judgment and decree dated 26.02.2024 passed in O.S.No.6356/2018 by the - 7 - HC-KAR NC: 2025:KHC:54090 RFA No. 993 of 2024 XXXV Additional City Civil and Sessions Judge, Bengaluru (CCH-36) is modified and the suit is disposed of in terms of mediation settlement / agreement. (iii) The appellants are directed to hand over the keys of the vacant suit schedule-B premises to the respondent in terms of the Memorandum of Settlement. (iv) The Registry of this Court is directed to refund the entire Court Fee paid on the memorandum of appeal back to the appellants. (v) The Registry of the Trial Court is directed to refund the entire Court Fee paid on the memorandum of plaint back to the plaintiff . Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 22 CT: BHK