- 1 - HC-KAR NC: 2026:KHC:8809-DB COMAP No. 150 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.150 OF 2022 BETWEEN: DR. SYAMALA REDDY W/O LATE S. G. REDDY AGED ABOUT 75 YEARS RESIDING AT NO.17/6-1 2ND CROSS CAMBRIDGE LAYOUT, ULSOOR, BENGALURU-560 008. …APPELLANT (BY SRI. VIJAYA KUMAR K., ADVOCATE) AND: M/S. QUIKR INDIA (P) LTD., GATE NO.5, BEHIND MANYATA TECK PARK RACHENAHALLI, K. R. PURAM HOBLI BENGALURU-560 045. REPRESENTED AT PRESENT BY ITS AUTHORIZED REPRESENTATIVE Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8809-DB COMAP No. 150 of 2022 RAJESH WARRIER …RESPONDENT (BY SRI. ARJUN RAO., ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, 2016, PRAYING TO CALL FOR RECORDS IN COM.O.S.NO.8741/2015 ON THE FILE OF LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY (CCH-83) AND SET ASIDE THE JUDGMENT AND DECREE DATED 02/03/2020, PASSED IN COM.O.S.NO. 8741/2015, BY THE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY (CCH-83) AND DISMISS THE SUIT OF THE PLAINTIFF, BY ALLOWING THIS APPEAL AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS COURT DEEMS IT FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:8809-DB COMAP No. 150 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed challenging the judgment and decree dated 02.03.2020 passed by the LXXXII Additional City Civil and Sessions Judge, Bengaluru City(CCH-83) in Com.O.S No.8741/2015. 2. During the pendency of this appeal, the parties have resolved the dispute amicably and filed Joint Compromise Petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. It is submitted that the appellant - Dr. S. Shyamala Reddy, due to her age, she is unable to appear physically before the Court. We have seen and verified that she has appeared virtually. Her virtual presence is identified by the appellant counsel. Similarly, the respondent - Mr. Sivakumar Eluri appeared virtually, Sri. Arjun Rao, learned counsel for the respondent identifies him. - 4 - HC-KAR NC: 2026:KHC:8809-DB COMAP No. 150 of 2022 3. We have perused the terms of the Joint Compromise Petition. We are satisfied that the terms of the Joint Compromise Petition are as per law and not opposed to public policy. 4. The appellant and the respondent submits that they have understood the terms of the compromise and they have duly signed in the compromise petition on their own volition. 5. The terms of the Joint Compromise Petition reads as under: "JOINT COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908 The Appellant and the Respondent jointly submit as follows: 1. The Respondent herein had instituted Commercial Original Suit No.8741 of 2015 before the Ld. Commercial Court at Bengaluru ("Ld. Trial Court") against the Defendant seeking recovery of various amounts and damages arising out of and in connection with the Lease Deed dated 09.07.2012 and the Leave and Licence Agreement dated 06.04.2013 executed between the parties in - 5 - HC-KAR NC: 2026:KHC:8809-DB COMAP No. 150 of 2022 respect of the Plaint Schedule 'B' and Schedule 'C' premises situated at SGR Towers, Domlur Layout, Bengaluru. 2. By Judgment and Decree dated 02.03.2020, the Ld. Trial Court was pleased to partly decree the Suit and directed the Appellant herein to pay a sum of Rs.25,82,548/- (Rupees Twenty- Five Lakhs Eighty-Two Thousand Five Hundred and Forty-Eight only) together with interest of 12% per annum from the date of filing the Suit (13.10.2015) until the date of realisation. 3. Aggrieved by the said Judgment and Decree, the Appellant preferred the present Commercial Appeal before this Hon'ble Court. Separately, the Respondent initiated Execution Proceedings for the enforcement of the Impugned Judgement and Decree in Com.Ex.No.2 of 2021 pending before the Ld. Commercial Court at Bengaluru. 4. During the pendency of the present Appeal, this Hon'ble Court was pleased to grant an interim order dated 04.04.2022 staying the operation and implementation of the Impugned Judgement and Decree subject to the condition that the Appellant shall deposit 50 per cent of the decretal amount before this Hon'ble Court within a period of 2 weeks from 04.04.2022. Owing to non-deposit by the Appellant, the said interim order dated 04.04.2022 was vacated by an order dated 21.07.2022. 5. Subsequently, upon the Applications filed by the Appellant, this Hon'ble Court passed an - 6 - HC-KAR NC: 2026:KHC:8809-DB COMAP No. 150 of 2022 order dated 10.07.2024 permitting the Appellant to deposit 75% of the decretal amount along with accrued interest within 3 weeks from 10.07.2024. 6. Pursuant to the order dated 10.07.2024 and subsequent orders, the Appellant has deposited a total sum of Rs.40,19,132/- with the registry of this Hon'ble Court. The said amount continues to remain deposited before this Hon'ble Court and is accruing interest. 7. Now, the Parties have arrived at a mutual and amicable settlement of all disputes pending between them, as per the below terms: 8. The Respondent shall be entitled to withdraw the entire amount of Rs.40,19,132/- deposited by the Appellant with the registry of this Hon'ble Court. It is clarified that in the event of any discrepancy between the amount mentioned aforesaid and the principal amount lying in the deposit, the Respondent shall be entitled to withdraw the principal deposit amount actually lying in credit. 9. The Respondent shall be entitled to withdraw 50% of the interest accrued on the aforesaid amount in deposit till the date of release of the principal amount in deposit in favour of the Respondent. 10. The Appellant shall be entitled to withdraw the balance 50% of the interest accrued on the aforesaid amount in deposit. - 7 - HC-KAR NC: 2026:KHC:8809-DB COMAP No. 150 of 2022 11. The Appellant unconditionally consents to the immediate release of the aforesaid amounts in favour of the Respondent without any objection. 12. Upon release of the aforesaid amounts in favour of the Respondent, all claims of the Respondent against the Appellant arising out of or in connection with the Suit or otherwise shall stand fully and finally settled. Further, upon such release, the Respondent confirms and declares that the Impugned Judgment and Decree stand satisfied and that it has no further claims or demands of any nature against the Appellant, arising out of or in connection with the subject matter of the Suit, the decree, the execution proceedings, or the present appeal or otherwise. 13. The Respondent further undertakes that upon withdrawal of the aforesaid amounts, it shall not initiate, continue, or prosecute any proceedings whatsoever, whether civil, criminal, or otherwise, against the Appellant in respect of the same cause of action and shall treat all disputes between the Parties as fully settled and finally concluded. 14. The Appellant hereby and with immediate effect withdraws all claims, allegations, demands, etc., without limitation, whether in connection with the disputes forming subject matter of the Suit or otherwise against the Respondent, its Directors, shareholders, personnel, sister-concerns, etc. and such - 8 - HC-KAR NC: 2026:KHC:8809-DB COMAP No. 150 of 2022 withdrawal is understood to constitute a complete and full release. 15. The Parties submit that Com. Ex. No. 2 of 2021 is pending before the Ld. Commercial Court at Bengaluru may kindly be directed to be closed. 16. Upon release of the aforesaid amounts in favour of the Respondent, the Respondent undertakes to execute the surrender of the lease deeds. 17. This Hon'ble Court may kindly be pleased to direct refund of the entire court fee paid by the Appellant on the present Appeal in favour of the Appellant. 18. The Appellant and the Respondent further state that the present compromise has been entered into voluntarily, out of their free will, after receiving legal advice, and without any coercion, undue influence, pressure, or misrepresentation. WHEREFORE, the Appellant and the Respondent jointly pray that this Hon'ble Court may be pleased to take this Joint Compromise Petition on record and dispose of the present Appeal in the above terms in the interest of justice and equity." - 9 - HC-KAR NC: 2026:KHC:8809-DB COMAP No. 150 of 2022 6. The appeal is disposed of in terms of the Joint Compromise Petition. The Registry shall draw up decree in terms of the compromise. 7. Registry is directed to refund the eligible Court fee to the appellant on proper identification Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 4 Sl No.: 2