- 1 - HC-KAR NC: 2026:KHC:6751 RFA No. 1276 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1276 OF 2022 (RES-) BETWEEN: SMT S USHA RANI W/O SRI. PRADEEP B R , AGED ABOUT 38 YEARS, R/AT NO.517, 10TH MAIN, BHCS LAYOUT,UTTARAHALLI, BENGALURU-560061 …APPELLANT (BY MISS. NITYA FOR SRI. THILAK RAJ S.V., ADVOCATE) AND: SRI ANJANAPPA V S/O LATE VENKATAPPA, AGED ABOUT 57 YEARS, R/AT NO.31, 2ND CROSS, MAHESHWARI NAGAR, AREHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU-560061 …RESPONDENT (BY SRI. R. ANIL KUMAR, ADVOCATE) RFA FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.04.2022 PASSED IN OS No.26326/2019 ON THE FILE OF THE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH 73) PARTLY DECREEING THE SUIT FOR EVICTION, MESNE PROFITS AND DAMAGES. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6751 RFA No. 1276 of 2022 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal, by the appellant-defendant in O.S.No.26326/2019, is directed against the impugned judgment and decree dated 18.04.2022 passed by the LXXII Addl. City Civil & Sessions Judge at Mayohall, Bengaluru (for short “the Trial Court”), whereby the said suit filed by the respondent-plaintiff against the appellant-defendant was partly decreed by the Trial Court. 2. Learned counsel for the appellant and respondent submits that both appellant and respondent have amicably settled the dispute between themselves and have filed a Compromise Petition dated 05.02.2026, which reads as under: “COMPROMISE PETITION UNDER ORDER XXIII RULE 3 The appellant and the Respondent herein jointly most respectfully submit voluntarily and without any coercion as follows: 1. The Appellant in the R.F.A was the defendant in O.S. No. 26326/2019, the defendants herein were the plaintiff, and the suit is one for seeking ejectment and damages. - 3 - HC-KAR NC: 2026:KHC:6751 RFA No. 1276 of 2022 2. The appellant herein was the defendant before the trial court, who resisted the suit on various grounds. 3. However, after considering the materials available on record upon heard the learned counsel for the parties, the trial court decreed the suit in terms of judgment and decree dated 18.04.2022. The said judgment and decree is the subject matter of the present appeal. 4. During pendency of the appeal, the well-wishers were intervened, as well parties have also realized instead of prosecuting the appeal on merit decided to arrive for consciences to settle the matter amicably. In view of indulgence of well-wishers and will of the parties to the proceedings, the parties have arrived for conscience, accordingly the terms and conditions are settled. Hence, this compromise petition on the following terms and conditions. TERMS & CONDITIONS Despite written lease agreement refers the rent at 17,000/- per month and security deposit of sum of 21,00,000/-. In view of the dispute arisen between the parties now culminated by virtue of decreeing the suit on behalf of the respondent, it is ultimately decided to enter into this compromise as here under: i. In view of this compromise the appellant is herewith agreed to pay a sum of `20,000/- per month not withstanding the rent quantified at `17,000/- per month in the rent agreement for the period between - 4 - HC-KAR NC: 2026:KHC:6751 RFA No. 1276 of 2022 18.10.2019 to 31.3.2026 which is consisting of 77 months, the total rent for the aforesaid period would come to 15,40,000/- ii. Out of the aforesaid amount, the appellant have already deposited about `7,92,000/- before this Hon'ble court through demand draft drawn in favour of the Registrar General of this Hon'ble Court, and the said amount is still laying before this Hon'ble court. Therefore, the appellant have no objection to withdraw the said amount through registry in deposit towards the arrears of rent. iii. The appellant in view of this compromise shall agree to vacate the suit schedule property by delivering the vacant land on or before 31.03.2026. The appellant today hand over the demand draft for a sum of 7,48,000/- drawn in the name of respondent Anjanappa V dated 04.02.2026 drawn on Canara Bank, Uttarahalli, Bangalore vide D.D No. 491052. The amount so stated in the demand draft is covered the entire rent payable upto 31.03.2026. iv. The sum of `1,00,000/- is laying with the respondent as security deposit and the respondent shall pay the appellant on the date of delivery of the vacant possession in terms of the compromise. v. At the time of taking possession by the appellant it was a vacant land, the appellant using the same for the purpose of the gas godown, for that who developed suitable construction on her own cost i.e., - 5 - HC-KAR NC: 2026:KHC:6751 RFA No. 1276 of 2022 cost of the appellant. Therefore, the appellant shall be permitted to dismantle construction at her cost and risk enable to deliver the vacant possession land to the respondent within such time as specified herein above. vi. The court fee paid by the appellant in this first appeal shall be ordered to be refunded to the appellant in view of this compromise. vii. The plaintiff-respondent is at liberty to claim refund of court fees paid on the plaint before trail court as permissible in law, for which appellant have no objections at all. WHEREFORE, the parties jointly pray that this Hon'ble Court be pleased to dispose off this Regular First Appeal upon recorded and accepted this compromise, further it may kindly be clarified that the order passed in terms of the compromise in substitution of the impugned judgment and decree of the Trial Court in the interest of justice and equity. SCHEDULE PROPERTY All that piece and parcel of the Southern portion of the immovable property bearing old khata No.28 (old Sy. No.28, New Sy.No.47), measuring East to West 90 feet and North to South 90 feet, in all measuring 8100 sq.ft. situated at Arehalli village, Uttarahalli Hobli, Bengaluru – 560 061, bounded on the East by: Land Belonging to Gurappa - 6 - HC-KAR NC: 2026:KHC:6751 RFA No. 1276 of 2022 West by: Road North by: Remaining portion of land Khata No.28 South by: Remaining portion of land Khata No.28” 3. The appellant and respondent have agreed to the terms and conditions of the aforesaid Compromise Petition. The appellant has paid a sum of Rs.7,48,000/- to the respondent- plaintiff by way of a demand draft bearing No.491052 and receipt of the said demand draft is acknowledged by the respondent-plaintiff. The appellant-defendant and respondent-plaintiff are physically present before the Court and have been identified by their respective counsel. 4. In view of the aforesaid settlement arrived at between the parties, the appeal stands disposed of in terms of the Memorandum of Compromise Petition. 5. In view of the above, I pass the following: ORDER (i) The appeal is hereby disposed of in terms of the Memorandum of Compromise Petition under Order XXIII Rule 3 of CPC. - 7 - HC-KAR NC: 2026:KHC:6751 RFA No. 1276 of 2022 (ii) The impugned judgment and decree dated 26326/2019 passed in O.S.No.26326/2019 by the LXXII Addl. City Civil & Sessions Judge at Mayo Hall, Bengaluru (CCH73), is modified and the suit is disposed of in terms of Memorandum of Compromise Petition dated 05.02.2026. (iii) Registry is directed to draw up decree accordingly. (iv) The Registry of this Court is directed to refund the entire Court Fee paid on the memorandum of appeal back to the appellant. (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 BMC List No.: 1 Sl No.: 30