- 1 - HC-KAR NC: 2025:KHC:53414 RFA No. 2225 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2225 OF 2025 (RES) BETWEEN: SRI AJIT KUMAR S/O LATE DAMODAR DAS, AGED ABOUT 79 YEARS. PROP: M/S. SAIBABA INDUSTRIES. SHOP NO. 5 AND 6, GROUND FLOOR, PROPERTY NO.5, VITTOBA MARKET, P.S.LANE, CHICKPET, BENGALURU - 560 053 …APPELLANT (BY SRI. NAVEEN J.N., ADVOCATE) AND: 1. SMT. S S MUNIRATHNA AGED ABOUT 62 YEARS. D/O. LATE SRI. S. SHIVAJI W/O. SRI. V.R.PRAKASH. RESIDING AT 836/196/63, 3RD MAIN ROAD, 4TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010 2. SMT. K.J.SUMANGALA. AGED ABOUT 61 YEARS. D/O. LATE SRI. S. SHIVAJI. W/O. SRI. K. N. JAGADISH CHANDRA RESIDING AT NEW NO.1, 1ST FLOOR, 12 A CROSS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53414 RFA No. 2225 of 2025 1ST D MAIN ROAD, HAMPINAGAR, BENGALURU - 560 104. 3. SMT. S.S.SATHYALAKSHMI. AGED ABOUT 57 YEARS. D/O. LATE SRI. S. SHIVAJI W/O. SRI. K. S. BADRINATH RESIDING AT NO.18/1, 29TH CROSS, CUBBONPET, BENGALURU - 560 002. 4. SMT. S.S. CHANDANMALA. AGED ABOUT 55 YEARS D/O. LATE SRI. S. SHIVAJI W/O. SRI K.A. AMARNATH. RESIDING AT NO. 59/3, 2ND FLOOR, 1ST MAIN, NAGENDRA GARDEN, SRIRAMPURAM, BENGALURU - 560 021. 5. SRI. S.S.RAGHAVENDRA AGED ABOUT 50 YEARS. S/O. LATE SRI. S. SHIVAJI RESIDING AT NO.123, 7TH CROSS, II MAIN ROAD, II STAGE RMV EXTENSION, DOLLARS COLONY, BENGALURU - 560 094. …RESPONDENTS (BY SRI.K.R.LAKSHMI NARAYANA RAO, ADVOCATE FOR C/R1 TO R5) *** THIS RFA IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE - 3 - HC-KAR NC: 2025:KHC:53414 RFA No. 2225 of 2025 DATED 04.08.2025 PASSED IN O.S.NO.2296/2012 ON THE FILE OF THE XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-41), PARTLY DECREEING THE SUIT FOR EJECTMENT. THIS RFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the defendant in O.S.No.2296/2012, is directed against the impugned judgment and decree passed by the XL Additional City Civil and Sessions Judge dated 04.08.2025, whereby the said suit filed by the respondents/plaintiffs against the appellant/defendant for eviction/ejectment and other reliefs in relation to the suit schedule immovable property was decreed by the Trial Court in favour of the plaintiffs and against the defendant. 2. Heard the learned counsel for the appellant/ defendant and learned counsel for respondents/plaintiffs. 3. The appellant/defendant and respondents/ plaintiffs have filed a joint memo/compromise petition - 4 - HC-KAR NC: 2025:KHC:53414 RFA No. 2225 of 2025 under Order XXXIII Rule 3 of the Code of Civil Procedure, 1908, which reads as under: "APPLICATION UNDER ORDER XXXIII RULE 3 OF CODE OF CIVIL PROCEDURE, 1908 1. It is submitted that the original plaintiff filed a suit against the appellant herein for recovery of possession and also recovery of arrears of rent of Rs.9,100/- with interest at the rate of 12% p.a. and damages at the rate of Rs.20,000/- per month. 2. It is submitted that the appellant entered into premises in the year 1996 paying the rent from 1996 without fail to the original plaintiff and thereafter to the plaintiffs. It is submitted that the appellant is running an electrical shop in the suit premises and the suit premises is measuring 220 sq.ft. of commercial space situated at Chickpet. There is no default on the part of the appellant as such he is paying the rent fixed by the plaintiffs at Rs.9,100/- per month regularly even before pendency of the suit and till date there is no arrears of rent whatsoever from his side. 3. It is submitted that the trial court failed to appreciate the facts and circumstances and decreed the suit for eviction. 4. It is submitted that the appellant is ready to quit and vacate the suit premises if reasonable time is granted to the appellant till 15.10.2026. - 5 - HC-KAR NC: 2025:KHC:53414 RFA No. 2225 of 2025 5. It is submitted that the appellant agreed to quit and deliver the vacant possession of the suit schedule property in favour of the Respondents on 15.10.2026 subject to the condition that the Respondents will return Rs.3,50,000/- security deposit obtained from the appellant. 6. It is submitted that the appellant undertakes to pay rent of Rs.14,100/- from August, 2025 to October, 2026. 7. The respondents hereby confirm that there is no due of rents except from August, 2025 from the appellant. 8. The Respondents herein waive off the damages awarded by the Trial Court of Rs.5,000/- from October, 2011 till delivery of possession of the suit property. 9. It is submitted that the Appellant has no objection to return the entire court fees paid in the above appeal as well as before the Trial Court in favour of respondent No.5. 10. It is submitted that in view of the compromise arrived between the parties, the judgment and decree passed by the Trial Court may be modified to that effect." 4. Learned counsel for the appellant/defendant along with the appellant/defendant as well as the learned - 6 - HC-KAR NC: 2025:KHC:53414 RFA No. 2225 of 2025 counsel for the respondents/plaintiffs along with plaintiff No.5 - Sri. S.S. Raghavendra are physically present before the Court and admit the terms and conditions of the joint memo/compromise petition. As per the terms and conditions of the joint memo/compromise petition, the appellant/defendant undertakes to quit and deliver vacant possession of the suit schedule property to the respondents/plaintiffs, on or before 15.10.2026. The parties have also agreed that the respondents/plaintiffs would refund the entire security deposit of ₹3.50 lakhs back to the appellant/defendant at the time of the appellant vacating and handing over the vacant possession of the suit schedule property to the respondents/plaintiffs. The appellant has also agreed to pay a sum of ₹14,100/- per month from August 2025 till he vacates and hand over the vacant possession of the suit schedule property to the respondents/plaintiffs. 5. Accordingly, I pass the following: - 7 - HC-KAR NC: 2025:KHC:53414 RFA No. 2225 of 2025 ORDER (i) Appeal is hereby disposed of in terms of joint memo/compromise petition filed under Order XXXIII Rule 3 of Code of Civil Procedure, 1908; (ii) Impugned judgment and decree passed by the learned XL Additional City Civil and Sessions Judge at Bengaluru City (CCH-41) dated 04.08.2025 in O.S.No.2296/2012, is hereby modified. (iii) Appellant/defendant is granted time till 15.10.2026 to quit, vacate and handover the vacant possession of the suit schedule premises to the respondents/plaintiffs. (iv) Appellant/defendant shall pay rent of a sum of `14,100/- per month from the month of August 2025, till he vacates and hands over the vacant possession of the premises to the respondents/plaintiffs. (v) The respondents/plaintiffs shall refund the entire security deposit of ₹3.50 lakhs back to the appellant/defendant at the time of the - 8 - HC-KAR NC: 2025:KHC:53414 RFA No. 2225 of 2025 appellant vacating and handing over the vacant possession of the suit schedule property to them. (vi) Registry of this Court is directed to refund the entire Court Fee paid on the memorandum of appeal to the respondent No.5/plaintiff No.5, on behalf of himself and also on behalf of all the other respondents/plaintiffs. (vii) Registry of the Trial Court is directed to refund the entire Court Fee paid on the memorandum of plaint back to the plaintiff No.5 on behalf of himself and all other plaintiffs. (viii) It is made clear that no further extension of time would be granted to the appellant/defendant, under any circumstances, whatsoever. Pending I.A.No.1/2025 does not survive for consideration. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 11 CT-SG