- 1 - HC-KAR NC: 2025:KHC:28188 RFA No. 2325 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 2325 OF 2024 (EJE) BETWEEN: SRI.KODANDA RAMA REDDY S/O SRI HANUMANTHA REDDY AGED 56 YEARS R/A FLAT NO. 001, GROUND FLOOR NO.1, VENKATARAMANAPPA LAYOUT J P NAGARA 1ST PHASE BENGALURU 560 078. …APPELLANT (BY SRI. SURESH BABU B N., ADVOCATE) AND: SRI.H.B. SHIVAKUMAR S/O LATE SRI H C BASAVARAJU AGED ABOUT 72 YEARS R/A NO. 41/1, BULL TEMPLE ROAD BASAVANAGUDI BENGALURU 56 0004. …RESPONDENT (BY SRI. NIKHIL D KAMATH., ADVOCATE) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 19.04.2024 PASSED IN OS NO. 4851/2021 ON THE FILE OF LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR EJECTMENT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28188 RFA No. 2325 of 2024 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT The captioned appeal is filed by the defendant/tenant assailing the judgment and decree dated 19.04.2024 granted in O.S.No.4851 of 2021, wherein Trial Court has decreed the suit and the defendant/appellant herein is directed to handover vacant possession within 6 months and is further directed to pay a sum of Rs.5,00,000/- to the respondent/plaintiff as arrears of rent. The said decree is under challenge. 2. A joint compromise petition has been filed by the appellant/tenant and the respondent/landlord. The nephew of the respondent/landlord, who is duly authorized by a registered General Power of Attorney, appears before this Court and submits that the respondent/landlord has voluntarily agreed to grant a period of three months to the appellant/tenant for handing over vacant possession. It is further submitted that, as part of the settlement, the respondent/landlord has waived the claim towards arrears - 3 - HC-KAR NC: 2025:KHC:28188 RFA No. 2325 of 2024 of rent amounting to Rs.5,00,000/-, as decreed by the Trial Court. 3. Upon enquiry, the General Power of Attorney holder confirms that he is duly authorized to represent the respondent/landlord and to consent to the terms set out in the joint compromise petition. He also affirms the contents of the compromise and submits that the settlement has been entered into voluntarily. 4. On examination of the terms and conditions set forth in the compromise petition, this Court is satisfied that the settlement is lawful and voluntary. There is no allegation or indication of coercion, threat, or undue influence by either party. The joint compromise petition is accordingly accepted and taken on record. 5. In light of the compromise arrived at between the parties, the Regular First Appeal stands disposed of in terms of the joint compromise petition. Consequently, the judgment and decree dated 19.04.2024 passed in O.S. No. - 4 - HC-KAR NC: 2025:KHC:28188 RFA No. 2325 of 2024 4851 of 2021 on the file of the LII Additional City Civil and Sessions Judge, Bengaluru (CCH-53), is modified to the extent indicated hereunder. 6. The decree insofar as it relates to the award of Rs.5,00,000/- towards arrears of rent is hereby set aside. In terms of the compromise, the appellant/tenant shall hand over vacant possession of the suit premises to the respondent/landlord without seeking any extension of time, on or before 22.10.2025. 7. In view of the amicable settlement, the Registry is directed to refund the court fee to the appellant/tenant in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE DL List No.: 1 Sl No.: 17