- 1 - HC-KAR NC: 2025:KHC:49352-DB RFA No. 324 of 2017 C/W RFA No. 323 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 324 OF 2017 (RES) C/W REGULAR FIRST APPEAL NO. 323 OF 2017 IN RFA No. 324/2017 BETWEEN: CANARA BANK A BODY CORPORATE CONSTITUTED UNDER BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT,1979 HAVING ITS OFFICE AT 112,J.C ROAD, BANGALORE-560 002 REPRESENTED BY ITS MANAGER, PREMISES AND ESTATES SECTION AND G.P.A.HOLDER, SRI GOW SETTY, S/O LATE SUBBI SETTY, AGED ABOUT 55 YEARS …APPELLANT (BY SRI. UDAYA HOLLA ,SENIOR COUNSEL A/W SRI. KRISHNAN G S, ADVOCATE) AND: SRI. CHITRAPUR MATH A PUBLIC RELIGIOUS TRUST, REPRESENTED BY ITS MATHADIPATHI AND SOLE TURSTEE SRIMAT SADYOJAT - 2 - HC-KAR NC: 2025:KHC:49352-DB RFA No. 324 of 2017 C/W RFA No. 323 of 2017 SHANKARASHRAM SWAMI, THE TRUSTEE HAVING REGISTERED OFFICE AT SHIRALI, UTTARA KANNADA DIST.,KARNATAKA AND BRANCH OFFICE AT SRI CHITRAPUR BHAVAN NO.68, 15TH CROSS, MALLESHWARAM, BANGALORE-560 055. …RESPONDENT (BY SRI.BADRINATH B.S.,ADVOCATE) THIS RFA FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 8.11.2016 PASSED IN OS NO. 7702/1998 ON THE FILE OF THE XI ADDL. CITY CIVIL JUDGE, BANGALORE CITY. DECREEING THE SUIT FOR POSSESSION AND DAMAGES. IN RFA NO. 323/2017 BETWEEN: CANARA BANK A BODY CORPORATE CONSTITUTED UNDER BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT,1979 HAVING ITS OFFICE AT 112, J.C ROAD, BANGALORE-560 002 REPRESENTED BY ITS MANAGER PREMISES AND ESTATES SECTION AND G.P.A.HOLDER, SRI GOW SETTY, S/O LATE SUBBI SETTY, AGED ABOUT 55 YEARS ...APPELLANT (BY SRI. UDAYA HOLLA, SENIOR COUNSEL - 3 - HC-KAR NC: 2025:KHC:49352-DB RFA No. 324 of 2017 C/W RFA No. 323 of 2017 A/W SRI. KRISHNAN G.S., ADVOCATE) AND: SRI. CHITRAPUR MATH A PUBLIC RELIGIOUS TRUST, REPRESENTED BY ITS MATHADIPATHI AND SOLE TURSTEE SRIMAT SADYOJAT SHANKARASHRAM SWAMI, THE TRUSTEE HAVING REGISTERED OFFICE AT SHIRALI, UTTARA KANNADA DIST., KARNATAKA AND BRANCH OFFICE AT SRI CHITRAPUR BHAVAN NO.68, 15TH CROSS, MALLESHWARAM, BANGALORE-560 055 ...RESPONDENT (BY SRI.BADRINATH B.S.,ADVOCATE) THIS RFA FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 8.11.2016 PASSED IN OS NO. 725/1998 ON THE FILE OF THE XI ADDL. CITY CIVIL JUDGE, BANGALORE CITY. DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 4 - HC-KAR NC: 2025:KHC:49352-DB RFA No. 324 of 2017 C/W RFA No. 323 of 2017 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) These two appeals have been filed by the appellant- Canara Bank impugning the judgment and order dated 08.11.2026 passed by the XI Addl. City Civil Judge, Bengaluru in O.S.No.7702/1998 instituted by respondent- Plaintiff/Chitrapur Mutt and O.S.No.725/1998 instituted by the appellant-Canara Bank. 2. The suit filed by the Mutt i.e. O.S.No.7702/1998 came to decreed vide impugned judgment and order dated 08.11.2026 whereas the suit in O.S.No.725/1998 filed by the Canara Bank came to be dismissed. 3. The parties have settled the dispute amicably before this Court and have entered into terms of compromise which has been signed by Mr. Ajeet Kumar Srinivasan, AGM, Canara Bank and by Mr. Kishore Kumar Kumble, GPA Holder, Chitrapur Math. - 5 - HC-KAR NC: 2025:KHC:49352-DB RFA No. 324 of 2017 C/W RFA No. 323 of 2017 4. The terms of compromise as mentioned in application under Order XXIII Rule 3 read with Section 151 of CPC reads as under: The parties above named submit as under: 1. At the intervention of well-wishers, the parties have settled the dispute existing between them in terms set out hereinafter: i) Appellant - Canara Bank shall be entitled to continue to possess and occupy the premises bearing No.68 (Old No. 742 Earlier to that No. 526) situated on 15th Cross, 8th main Road in Corporation Division No.04, Malleshwaram, Bengaluru 560055 bounded on the North By: Properties No.136/2, 8th Main Road, and 10 & 11, 16th Cross, South by: A portion of Shri Chitrapur Math Property, East by 68, Shri Chitrapur Math Property and west by: 8th main, Malleshwaram, Bangalore-560055 referred to as "A" Schedule Property and an Office area on the ground, first, Second and third floors, admeasuring 26,182.567 sq. ft of carpet area and 1333.60 sq. ft of car parking Schedule "A" property (hereinafter referred to as "The Schedule Premises"), till 31.12.2030. ii) Canara Bank shall pay a rent of Rs.8,255/- per quarter on or before 10th of each quarter. - 6 - HC-KAR NC: 2025:KHC:49352-DB RFA No. 324 of 2017 C/W RFA No. 323 of 2017 iii) Canara Bank shall pay monthly maintenance as per actuals by the end of each calendar month. iv) Canara Bank shall pay an amount of INR 16,73,422/-(Rupees Sixteen Lakhs Seventy-Three Thousand Four Hundred and Twenty-Two only) towards the total unpaid annual lease rent, together with simple interest at 6% per annum from 01.01.1998 to 01.12.2025, in respect of 27,516.16 sq. ft. (Which includes Office Area and Parking Place) at the rate of INR 1.20 per sq. ft. per annum, being the arrears of rent for the period during which the rent remained unpaid. v) In the event Canara Bank wishes to continue to occupy the schedule premises, they would be entitled to, subject to mutual agreement between the parties and the terms mutually agreed by and between the parties. vi) In case Shri Chitrapur Math is not willing to the continuance of Canara Bank as a lessee of the schedule premises subsequent to 31.12.2030, in such an event, Canara Bank shall hand over vacant possession of the schedule premises voluntarily to Shri Chitrapur Math. vii) Judgment and decree dated 8.11.2016 passed in OS No.725/1998 and OS No.7702/1998 shall stand modified in terms of the present compromise petition. - 7 - HC-KAR NC: 2025:KHC:49352-DB RFA No. 324 of 2017 C/W RFA No. 323 of 2017 viii) Canara Bank shall not be entitled to receive the initial deposit of Rs.53,69,873-40/- and Shri Chitrapur Math shall be entitled to appropriate the said amount. 2. The parties above named pray that this compromise petition may please be taken on record by this Hon'ble court and a judgment and decree be passed in terms thereof. 5. In view of the settlement arrived between the parties, the appeal does not survive for consideration and accordingly, disposed of. Let the decree be drawn in terms of the compromise. 6. The copy of power of attorney has been handed over in favour of Mr. Kishore Kumar Kumble by the executant of the Agreement on behalf of Swami Sadyojat Shankarashram. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 17 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA